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State plans stricter DUI laws

June 26, 2007

Correction: One out of every seven convicted drunk drivers in Michigan is required to use a Breathalyzer.

A two-bill package was introduced into the State House this month that would require breathalyzers to be installed in the cars of repeat drunken drivers and those with their blood alcohol content, or BAC, almost double the legal limit.

The first bill would create an additional charge for drunken drivers with a BAC of .15, almost double the .08 legal limit.

"Now we charge them for drunk driving," said Rebecca DeVooght, a legislative director for Rep. Tonya Schuitmaker, R-Lawton. "We don't have a high BAC charge."

The second half of the new legislation would make it a state requirement for repeat offenders to blow into breathalyzers before starting their cars. currently, the breathalyzers are given by a judge's discretion only.

The bills are scheduled for a House Judiciary Committee hearing Wednesday.

One out of about every 17 convicted drunk drivers in Michigan is required to use a breathalyzer, said Gary Naeyaert, a journalism assistant instructor at MSU and spokesman for Michigan Ignition Interlock Providers Association.

"It's really public safety we're trying to enhance," Naeyaert said. "Our goal is to save lives."

The device costs about $2.50 per day, said Naeyaert, adding that the average, convicted drunk driver spends $12.50 per day on alcohol.

It records information every time a person blows. Every 60 days, the information is downloaded by a service provider and sent to the state.

But Rep. Rick Jones, R-Grand Ledge, said the status quo shouldn't be changed.

"I believe right now any judge has the power to use the interlock device as he sees fit," said Jones, a former Eaton County sheriff. "They've been using this for many, many years, so there's no reason for us as a state to mandate judges to require them."

He added that the device, which has been used for about 15 years, is old technology.

If the new legislation passes, offenders won't be able to drive for the first 45 days of their sentence. For the remainder of the year, offenders regain restricted licenses and are required to install breathalyzers in their cars. The device requires the person to blow into a breathalyzer, and if their BAC is .025 or higher, the ignition will not start.

In addition, the device will not be removed unless the offender demonstrates changed behavior, measured by six consecutive months without a major violation.

"We should not be forcing judges to use a product. There are new and better products that are coming out on the market, where devices are actually attached to people," Jones said, adding that a drunken driving offender could use someone else's car and still drive while intoxicated.

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