New “Kill Switch” Car Tech Measures Alcohol by breath

What’s popularly referred to as the “kill switch” law is Section 24220 of the 2021 Infrastructure Investment and Jobs Act, which requires NHTSA (National Highway and Safety) to develop a federal safety standard mandating all new passenger vehicles to include advanced drunk and impaired driving prevention technology (AIDT). Unlike traditional alcohol detection tools – like the common ignition interlock device – the new system is designed to passively detect the presence of alcohol in a person’s body, meaning it detects impairment without the driver needing to do more than sit in the vehicle. The technology could have profound impacts on driving compliance and the legal issues that spring from Driving Under the Influence and related charges.

The most mature system in development so far is designed to detect alcohol based on the driver’s passive breathing in the car. Sensors that can distinguish alcohol molecules from carbon dioxide are placed near the steering wheel. If the ratio of alcohol particles exceeds a certain threshold, the system will consider the driver’s BAC to be above the legal limit and stop the car from starting.

Impacts on the Legal Field

The new detection technology could have major implications for the legal matters surrounding DUI allegations. For one, advanced compliance systems could reduce the overall number of DUI arrests that happen on the roadways. The systems, as they are marketed, are designed to prevent driving violations in the first place, rather than to report violations to law enforcement. This wouldn’t look like the government disabling your car; the disabling system would be built in to the car by the manufacturer.

What does this mean for DUI cases?

Despite the new law, there is currently no commercially viable passive system that can accurately and consistently detect alcohol content. Most of the technologies being researched are still in the research phase, so it will be at least several years before one of them is ready for full use. Therefore, in the short term, the new law will not have any measurable impact on DUI matters.

Longer term, the new detection technology could change the kinds of legal issues involved in alcohol-related cases.

People would experience new legal issues caused by:

Calibration issues;

False positives;

Privacy concerns; and

Data collection.

Even a machine with a 99.9% accuracy rate could result in 10s of millions of instances of sober drivers wrongfully stopped from using their cars.

The technology will also not apply to older vehicles; many millions of cars will not have the new systems, and it will be several decades before a majority of driven cars do.

Rather than eliminate the nature of contested DUI matters, the new technology will in fact change the kinds of issues that are involved in individual DUI cases.

Today, a typical DUI charge resembles something like:

 

1. 1. An Officer observes poor driving behavior that indicates impairment;

1. 1. The Officer detains the suspected Driver to check if they are intoxicated; and

1. 1. If the Officer believes the Driver is intoxicated, the Officer will arrest the Driver, who will be given a criminal charge of DUI (Driving Under Intoxication).

The new detection software will essentially prevent an intoxicated person from operating their vehicle, essentially proving their intoxication, as the logic goes. It is expected that the technology could be developed by 2030. It will likely be deployed in “fleet” indsutries, such as trucking and ride-hailing services. 

Several Congress members have attempted to repeal the new federal law, citing surveillance concerns. One recent attempt to defund the bill came from Congressman Thomas Massie. The proposal  was rejected 268-164, meaning the “Kill Switch” is, for now, here to stay. 

Check out some of our other blog posts at The Bartinik Law Firm LLC for valuable legal information.