Los Angeles DUI defense attorneys often have to battle against legislation that is both overzealous and unconstitutional at the same time. Convicted drunk drivers in Los Angeles could become victims of more such legislation that is part of a pilot anti-drunk driving program. The program would install ignition-locking breath analysis systems in their cars, forcing them to pass a Los Angeles breathalyzer test before the car can be started.
This potential program would run for six years (2010 through 2016) in Los Angeles and a few other counties. It would link the Los Angeles breathalyzer test system to the vehicle's ignition that the driver must blow into before starting their car. If the blood alcohol content (BAC) of their breath is over the legal limit, the car will not start. The bill is backed by Mothers Against Drunk Driving (MADD), the California Highway Patrol and AAA. According to MADD, 40% of the state's drunk drivers were in those four counties. The bill also mandates that convicted drunk drivers pay for the Los Angeles breathalyzer test devices.
Los Angeles DUI defense attorneys are aggressively battling such breathalyzer test bills, even though strong lobbying organizations such as MADD often have public opinion on their side. People convicted of drunk driving are basically being given a scarlet letter to carry around with them, and at their own expense no less. Constitutionally, this may fall under the ban on "cruel and unusual punishment" since it could last for years and years for each person convicted of drunk driving.
If you or someone you love has been charged with a Los Angeles DUI due to a Los Angeles breathalyzer test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin. Our skilled defense attorneys will provide a top-notch criminal defense. Call us today at 877-781-1570.
