Impact of Compliance-Based Removal Laws on Alcohol-Impaired Driving Recidivism
Every state in the U.S. has enacted alcohol-impaired driving laws, which prohibit driving with a blood alcohol content (BAC) at or above a .08%. In 2017, the Utah Legislature passed HB155 “Driving Under the Influence and Public Safety Revisions” that changed the state’s illegal limit from .08 to .05 on December 30, 2018. Although alcohol-impaired driving laws have been in place for many years and are well known, alcohol-impaired driving persists as a significant public health and safety issue.
Ignition interlock devices (IIDs) are the only current technology that can prevent a drinking and driving event when installed in a vehicle. An IID is connected to the ignition of a motor vehicle and prevents the engine from starting if the driver’s ethanol content is detected at or above a set limit determined by state regulation. This limit is typically set at a BAC of .02%.
Currently, 33 states and D.C. (see Law Review – Appendix A) have a Compliance Based Removal (CBR) law (discretionary or required) that is designed to encourage reductions in impaired driving recidivism. CBR laws require that the person mandated to install an IID in their vehicle as a result of an alcohol-impaired driving conviction have a minimum number of IID violation-free days to qualify for IID program completion and device removal.
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