Most people know that if you drive with a BAC level of .08 or more, you are considered intoxicated by law. However, this hasn’t always been the case.
The Per Se Law History
In 1982, Congress created a series of grant programs designed to encourage states to enact strong, evidence-based impaired driving laws. One such law was a .10 BAC per se law.
Per se is Latin for “by itself,” meaning inherently.
Regardless of how much alcohol you thought you drank, if your BAC level was at .10 or more, you were considered intoxicated by law. No further evidence of intoxication or impairment needed to be demonstrated for purposes of a DUI case.
This is important because regardless of how “sober” you believe you may be, it is your BAC that matters in the eyes of the law once you get behind the wheel of your car. If your BAC exceeds the legal limit, you are legally presumed to be impaired.
In 1998, President Clinton set new standards to reduce the significant number of alcohol-related injuries and deaths that occur on America’s roadways. Among the measures introduced was a reduction in the per se legal limit from .10 to .08.
Today, every state has a legal per se limit of .08 for drivers 21 years of age or older. Underaged drivers are faced with an even more strict “zero tolerance” law that makes it illegal for a person under the legal drinking age to have any amount of alcohol concentration in their blood.
Why Do We Have the .08 Per Se Law?
The per se limit is based upon years of scientific data and clinical and behavioral research that established the various stages of alcoholic influence.
Driving a vehicle requires the driver to perform divided tasks. To safely operate a motor vehicle, the driver must simultaneously read street signs, work the brake or gas pedal, turn the steering wheel, make judgments about the intent of other vehicle traffic, bicyclists and pedestrians, all in a fraction of a second.
At varying levels, alcohol affects all the skills required to safely operate a motor vehicle. The per se law makes it easier for the prosecution to establish that you were impaired without requiring much testimony by the arresting officer about what their training, education and experience led them to conclude about your level of impairment.
Because of this law, drunk driving fatalities have declined since 2005. Back then, 13,592 lives were lost. In 2013, it lowered to 10,076.
Based upon research on the effectiveness of per se laws, the National Transportation Safety Board recommended lowering the per se limit from .08 to .05 BAC in 2017. Utah became the first state to enact this legislation.
Strong DUI Laws Make a Difference
Even more lives can be saved if the per se law continues to be in effect, especially when drunk driving fatalities are sadly increasing.
Another law that helps keep our roads safe are Ignition Interlock requirements.
The states that order Ignition Interlocks for all DUI offenders, rather than only repeats, see less drunk driving fatalities. In addition, repeat drunk driving decreases if first-time offenders use an Ignition Interlock.
With strong DUI-related laws, such as the .08 per se law and Ignition Interlock requirements, a positive change can happen throughout our roadways.
Guest Contributor
Toby Taylor
Smart Start Vice President of Regulatory Compliance
Need an Ignition Interlock?
Smart Start can offer any current discounts in your state and set up your installation appointment. Call us today at (800) 831-3299 or by filling out our short online form.
Am I Getting the Most Accurate Ignition Interlock Device? Calibration Methods
If you have an Ignition Interlock, regular calibration appointments are necessary to ensure your device is still accurate when you perform your tests. Ignition Interlock vendors have calibration methods, using specialized calibrating units, that are designed specifically for breath alcohol testers.
The two main calibration method types are dry gas and wet bath.
At Smart Start, we offer our clients NHTSA-approved dry gas standards to ensure you have the most accurate calibration possible and the most reliable Ignition Interlock Device. You can have confidence in our calibration processes knowing each dry gas cylinder has a NIST-traceable Certificate of Analysis, assuring consistency and precision.
So, Why Are Calibration Instruments Important to Me?
These types of calibrations make sure you have a reliable and accurate Ignition Interlock Device.
Dry Gas
The dry gas method uses an alcohol gas mixture in a sealed, pressurized tank or cylinder. This method requires very little maintenance, is more stable and is less sensitive to temperature than wet bath standards. The alcohol concentration in the cylinder does not change due to usage, so every calibration will be the same until the cylinder is empty.
Wet Bath
The wet bath method uses a water alcohol liquid mixture that is heated in a specially designed device. The equipment for wet bath calibrations must be properly maintained and the temperature accurately controlled to ensure a clean system that provides an accurate alcohol concentration at each calibration. Unlike the dry gas method, the water alcohol mixture must be regularly changed since the alcohol concentration degrades from continuous use.
Dry gas requires very little maintenance and is not susceptible to a change in concentration due to each usage. Wet bath equipment must be frequently cleaned and degrades with each breath test.
Between the two methods, dry gas is superior to wet bath in application and maintenance. Therefore, dry gas is the better method in Ignition Interlock Device calibration and maintenance.
Smart Start has the best in Ignition Interlock Devices, calibration instruments, software and customer service. If you are looking for a seamless and easy Ignition Interlock program, Smart Start is the right provider. With an SSI-20/20™ or SSI-20/30™, your required period with your device won’t be stressful, and you can get back to your everyday routine.
Do You Need an Ignition Interlock Device?
Choose Smart Start, the nationwide provider of Ignition Interlocks. Call our team today at (800) 831-3299 or fill out our online form.
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Wisconsin Passes Stronger Ignition Interlock Law, But Is It Enough?
Wisconsin just passed two tougher bills on drunk driving last week, and it could change the state’s roadways for the better.
One of the bills promotes an extended requirement for Ignition Interlocks. An Ignition Interlock is a device that some DUI offenders must install into their car, dependent on their case details.
The device can detect the user’s breath alcohol concentration (BrAC), and if their level of consumption is too high, their vehicle will not start.
Two New Drunk Driving Bills in Wisconsin
The first bill in Wisconsin will extend the Ignition Interlock requirement to Operating While Intoxicated (OWI) offenders. Now, all first-time offenders with a blood alcohol concentration (BAC) of .15 or above, and all repeat offenders, must install the device into their vehicles.
30 states and D.C. have all-offender Ignition Interlock laws for offenders with a BAC level of .08 or above. These types of laws are proven to be a success in reducing the possibility of repeat drunk driving offenses.
The second bill involves OWI offenders’ driver’s licenses. If someone commits a fourth offense, the individual’s license will be permanently revoked. However, if it is a second offense with two other related vehicular offenses, one’s license could be revoked as well.
Wisconsin is the only U.S. state that treats first-time OWI offenses as a traffic ticket rather than a crime. According to Mothers Against Drunk Driving (MADD), 193 drunk driving deaths occurred in 2016 in Wisconsin.
With a stronger expansion of drunk driving and Ignition Interlock laws, Wisconsin will see less impaired drivers on the road.
Need an Ignition Interlock?
Smart Start can provide you an Ignition Interlock Device that’s reliable and customer service that’s unbeatable. Call our team at (800) 831-3299 or fill out our online form.
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When Will I Need an Ignition Interlock Device in Iowa?
Iowa requires Ignition Interlock Devices for some individuals who are convicted of Operating While Intoxicated, or OWI.
When your license is revoked from the Department of Transportation (DOT) because of your OWI, you may be eligible for a temporary restricted license. This restricted license is only valid if you install an Ignition Interlock Device into your vehicle.
What’s an Ignition Interlock Device?
An Ignition Interlock is a small device that must be installed in your vehicle after an OWI conviction. When the user blows into the device, their breath alcohol concentration (BrAC) level is detected. Any BrAC level at or above the set fail limits for the device, usually at .025, will cause the vehicle to not start. In other words, your BrAC level needs to be below .025 to start your vehicle.
So, who needs an Ignition Interlock Device in Iowa?
Iowa Ignition Interlock Device Requirements
Below is a breakdown covering who must use an Ignition Interlock Device in Iowa:
In Iowa, these requirements above can change dependent on your OWI conviction record within the previous 12 years. The consequences can also be more severe if your OWI event caused death or serious injury.
“When Do I Need an Ignition Interlock?” Series by State
Choose an Approved Ignition Interlock Device in Iowa
Both Smart Start’s devices, the SSI-20/30™ and SSI-20/20™, are state-approved Ignition Interlocks. In addition, our team is available to assist you at any time, even during weekends and holidays. We also offer special discounts (upon availability)! Call Smart Start now at (800) 831-3299 or fill out our online form.
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Parents Drunk Driving – Will It Affect the Kids?
Picture it: You’re sitting in a restaurant one Friday evening with your children. You’ve had a few drinks, but it’s getting late and you need to get them home. Your car is parked out front, but you’re not sure if you’re sober enough to drive.
What do you do? Will you take your keys and get behind the wheel, even if you’re not sure how much you had to drink?
Alcoholism, Drunk Driving and Your Family’s Safety
For some people, drinking without any control is a way of life, and it is a mental disease called alcoholism. Even a parent suffering from alcohol addiction could still resort to driving with their children in the car after consuming too many drinks.
When a parent drives drunk with their children in the car, they are putting everyone’s lives in danger. On top of that, there are serious consequences alongside a DUI conviction for someone driving impaired behind the wheel with minors. Depending on the state you live in, you could also be charged with child endangerment or negligence.
How Do I Keep Myself and My Children Safe?
It’s impossible for someone to determine their alcohol content by themselves. So, how can you stay accountable and keep yourself and your children safe on the road?
There are many resources in the alcohol recovery community with local groups, communities and organizations nationwide that help with sobriety. But, one tool that specifically helps with impaired driving are Ignition Interlock Devices.
Voluntary Ignition Interlock Devices
An Ignition Interlock Device can ensure you remain sober when you’re getting behind the wheel.
Ignition Interlocks require someone to blow into the mouthpiece before they start their car. The device’s screen will then read your breath alcohol concentration (BrAC) level and display PASS, WARN or FAIL. If your results are above the device’s set limit, your vehicle will not start.
Smart Start offers voluntary Ignition Interlock Devices, which means you can install one in your car as an option. The tests are blow-only, one of the easiest testing patterns, with low fixed costs per month. Plus, you can remove your device at any time. You are on no long-term contract and there are no hidden fees.
Making the decision to install an Ignition Interlock Device is an effective way to not drink and drive. You will keep yourself, your children and other drivers on the road safe.
Need More Information About Installing a Smart Start Ignition Interlock Device?
We’d be happy to assist you and discuss our device, any pricing options and our program. Call Smart Start’s Customer Care Center at (800) 831-3299 or fill out our short online form.
Schedule an Installation
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What is the Per Se DUI Law, and How Does It Affect Me?
Most people know that if you drive with a BAC level of .08 or more, you are considered intoxicated by law. However, this hasn’t always been the case.
The Per Se Law History
In 1982, Congress created a series of grant programs designed to encourage states to enact strong, evidence-based impaired driving laws. One such law was a .10 BAC per se law.
Per se is Latin for “by itself,” meaning inherently.
Regardless of how much alcohol you thought you drank, if your BAC level was at .10 or more, you were considered intoxicated by law. No further evidence of intoxication or impairment needed to be demonstrated for purposes of a DUI case.
This is important because regardless of how “sober” you believe you may be, it is your BAC that matters in the eyes of the law once you get behind the wheel of your car. If your BAC exceeds the legal limit, you are legally presumed to be impaired.
In 1998, President Clinton set new standards to reduce the significant number of alcohol-related injuries and deaths that occur on America’s roadways. Among the measures introduced was a reduction in the per se legal limit from .10 to .08.
Today, every state has a legal per se limit of .08 for drivers 21 years of age or older. Underaged drivers are faced with an even more strict “zero tolerance” law that makes it illegal for a person under the legal drinking age to have any amount of alcohol concentration in their blood.
Why Do We Have the .08 Per Se Law?
The per se limit is based upon years of scientific data and clinical and behavioral research that established the various stages of alcoholic influence.
Driving a vehicle requires the driver to perform divided tasks. To safely operate a motor vehicle, the driver must simultaneously read street signs, work the brake or gas pedal, turn the steering wheel, make judgments about the intent of other vehicle traffic, bicyclists and pedestrians, all in a fraction of a second.
At varying levels, alcohol affects all the skills required to safely operate a motor vehicle. The per se law makes it easier for the prosecution to establish that you were impaired without requiring much testimony by the arresting officer about what their training, education and experience led them to conclude about your level of impairment.
Because of this law, drunk driving fatalities have declined since 2005. Back then, 13,592 lives were lost. In 2013, it lowered to 10,076.
Based upon research on the effectiveness of per se laws, the National Transportation Safety Board recommended lowering the per se limit from .08 to .05 BAC in 2017. Utah became the first state to enact this legislation.
Strong DUI Laws Make a Difference
Even more lives can be saved if the per se law continues to be in effect, especially when drunk driving fatalities are sadly increasing.
Another law that helps keep our roads safe are Ignition Interlock requirements.
The states that order Ignition Interlocks for all DUI offenders, rather than only repeats, see less drunk driving fatalities. In addition, repeat drunk driving decreases if first-time offenders use an Ignition Interlock.
With strong DUI-related laws, such as the .08 per se law and Ignition Interlock requirements, a positive change can happen throughout our roadways.
Guest Contributor
Toby Taylor
Smart Start Vice President of Regulatory Compliance
Need an Ignition Interlock?
Smart Start can offer any current discounts in your state and set up your installation appointment. Call us today at (800) 831-3299 or by filling out our short online form.
Schedule an Installation
Get a quick and easy IID installation with Smart Start! Get started today!
¡Obtenga una instalación rápida y fácil de IID con Smart Start! ¡Empieza hoy mismo!
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How Can I Get a DUI in Illinois When I Wasn’t Driving the Car?
GUEST CONTRIBUTOR: Thomas Glasgow
Criminal Defense DUI Attorney in Illinois
–
“How did I get a DUI in Illinois when I wasn’t even driving?”
This is a common question that clients ask after being charged for DUI. It’s called ‘actual physical control.’
In the state of Illinois, you don’t have to drive the vehicle to get a DUI charge. The Illinois law states that you only must be in what the law describes as actual physical control.
What Does Actual Physical Control Mean?
Actual physical control is the driving element of a DUI. This means the clear ability to start the vehicle and put the vehicle in motion. The Court decides this from either direct or circumstantial evidence.
If someone was asleep in the driver’s seat with the keys in the ignition, then they have the clear ability to start the vehicle and put it in motion upon waking. This would be direct evidence of a person having the ability to start the car and put it in motion.
The Courts and Actual Physical Control with DUIs
There are some cases where actual physical control is harder to prove in court.
The evidence becomes more unsubstantiated the farther from the driver’s seat, the keys, or the car the defendant is. It is also a harder case for the state to prove if the defendant does not own the car, does not have the keys, is not in the driver seat, or is not even in the car.
These are examples of circumstantial evidence to show that a person is in actual physical control. The police do not have to have direct evidence to prove actual physical control of the vehicle. In other words, circumstantial evidence is OK to use.
More Examples of Actual Physical Control
1) An intoxicated person can walk from a vehicle a block away with their belongings still inside the car and be deemed to still have actual physical control of the vehicle. The person can get to the location they were in, so this situation can be deemed as actual physical control of the vehicle, even if they were not driving at the time that the officer saw them.
2) The fact that one is not driving a car does not insulate them from a DUI charge in Illinois. Motorcycles, scooters, bicycles, and even horses are considered a vehicle for the purposes of the DUI statute.
While few people are going to be hitching their horse to the post outside the saloon on Lincoln Avenue in Chicago these days, if you’ve been drinking at any point please don’t take the risk of driving. Get a cab, get an Uber, or call a friend and get home safe.
Thomas Glasgow
Illinois Criminal Defense Attorney serving Cook, McHenry, Lake, DuPage and Will Counties
Glasgow & Olsson
Need an Ignition Interlock? Smart Start is here to help with state discounts and same-day installation appointments. Call our team today at (800) 831-3299 or by filling out our online form.
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When is the Safest Time to Drive in the U.S.?
If you’ve ever spent time behind the wheel, you know that the road can be a perilous place. Motor vehicle crashes and accidents are unfortunately one of the top causes of death in the U.S.1 But don’t despair! We’re here to shed light on the safest time to drive in the U.S., providing you with valuable insights and actionable tips to keep you safe and sound while you hit the road.
The Most Dangerous Times to Drive
To unravel the mystery of the safest time to drive, we must first grasp the dangers lurking around every corner. Car accidents impact the American roads day and night. In 2020, over 42,000 people were estimated to have died in fatal car crashes, according to the National Safety Council.2 These grim statistics remind us that every time we buckle up and start our engines, we’re exposed to risk.
The summer months and holidays, such as Labor Day and Thanksgiving, are considered the deadliest seasons for driving.3 This is most likely because of the nicer weather for driving, and an increase in drivers due to holiday travel. It has also been proven that the most dangerous hours to be on the road in the spring and summer are 8 p.m. through 12 a.m., and in the fall and winter, are 4 p.m. through 8 p.m.4
It’s best to avoid these times to ensure your safety. With these dangers in mind, let’s delve into the heart of the matter – discovering the safest times to drive in the U.S. and additional safe driving tips you can take to steer clear of trouble.
The Safest Times to Drive
According to the NSC’s data, Tuesday is the weekday with the least amount of motor vehicle crashes. With 17% of fatal crashes happening on Saturday, compared to 12.2% on Tuesday, you’re more likely to be involved in a car crash on Saturday than on Tuesday.
As far as times, heavy traffic usually picks up in the U.S. between 9 a.m. and 5 p.m. on weekdays due to work. It’s a good idea to arrive at work around 8:30 a.m. and leave at 4:30 p.m. to avoid not only the traffic but potential danger. Rush hour on weekdays, between 5 and 7 p.m. are usually more dangerous due to the increase in drivers on the road.5
Additional Tips For Safe Driving
During the holidays, especially during the summer, it is recommended to leave a few days earlier than the day of the holiday to avoid the danger of too many drivers. In addition, driving in the morning is safer compared to the evening or late at night.
There are many contributing factors to automotive crashes, but drunk driving is one of the leading causes.
Drive Safe With Ignition Interlocks
People impaired behind the wheel are the most dangerous type of driver. Drunk driving deaths have increased for the second year in a row. Luckily, after learning how to use an Ignition Interlock device properly, this tool prevents drivers from starting their vehicles if they can’t pass the Ignition Interlock test.
No matter what time you’re driving, be aware while on the road and call 911 if you suspect an impaired driver. If you plan to drive after attending an event with alcohol involved, have a ride-sharing app on your phone to schedule a safe ride.
Do you need an Ignition Interlock? Call Smart Start today at (800) 831-3299 or fill out our online form.
Sources:
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Do I Qualify for the Illinois BAIID Indigent Program?
If you must use a Breath Alcohol Ignition Interlock Device (BAIID) but need financial assistance, you may be able to cover some of your device costs under the Illinois BAIID Indigent Program.
The BAIID is affordable, with the fee being less than $3.50 per day. However, the state and Smart Start understand that you may still need to apply for the program based on income level. Please remember that Smart Start does not make the decision on whether you qualify for the Illinois BAIID Indigent Program.
Illinois BAIIDs and the Monitoring Device Driving Permit (MDDP)
In Illinois, if you are required to use a BAIID from a first DUI offense, you are eligible for the MDDP program through the Secretary of State (SOS). Second or subsequent offenders cannot be qualified for the indigent program.
Illinois Indigent Ignition Interlock Program
The SOS may waive some of your BAIID fees if they find you eligible for Illinois’ indigent program. The state considers you for the indigent program if your income is at 150 percent or more of poverty level.
For individuals who’d like to apply, a checkbox is in the application you need to fill out for the SOS before you receive your MDDP and have your BAIID installed. You’ll receive this application in the mail, and it needs to be returned to the SOS before your MDDP will be issued.
Required Costs with the Illinois BAIID Indigent Program
There are a couple of mandatory fees from the SOS, whether you’re indigent or not.
Anyone in the program must pay a $30 per month MDDP monitoring fee prior to receiving your MDDP to the SOS. So, if you receive a 5-month permit, you will need to pay $150 before you receive your MDDP. There is also an $8 permit fee. In addition, some BAIID costs will be your responsibility if you damage the device, need to transfer it to another vehicle or go into lockout mode.
Once your MDDP is issued from the SOS, you’ll have 14 days from your issued date to choose a vendor, and install the BAIID into your vehicle.
You can read more about Illinois’ DUI law, any necessary forms and state FAQs on our website. The SOS also has a DUI fact book that covers all state regulations.
Ignition Interlock Indigent Programs by State Series
Need a BAIID? Choose Smart Start!
Smart Start is Illinois’ ultimate BAIID choice with convenient locations and superior customer service. Reach out to us today to schedule an installation appointment at (800) 831-3299 or fill out our online form.
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Why Do Ignition Interlock Vendors Ask for My VIN Number?
Why Do Ignition Interlock Vendors Ask for My VIN Number?
When you select an Ignition Interlock vendor, the technician at the service shop may ask you for the Vehicle Identification Number (VIN) to your vehicle. So, why do Ignition Interlock service shops need this information?
Your Vehicle’s VIN Number and Ignition Interlock Vendors
In some cases, Smart Start, and other vendors, are required by the state to have your VIN number in our records. This helps us stay apprised of your information to best assist you, and is the key identifier to your vehicle specifically. Just like our fingerprints, no two VIN numbers are the same. That’s why it’s important to have your vehicle’s make, model, color, year, and in addition, your VIN number.
Smart Start does not distribute your information to anyone besides your State Authority. We keep our clients’ information safe and secure!
Need an Ignition Interlock?
Choose Smart Start to get back on the road again with a reliable Ignition Interlock. We also have a 24/7/365 Customer Care Center with agents who are ready to assist you. Plus, Smart Start offers state discounts or specials. Call us today to schedule an installation appointment at (800) 831-3299 or fill out our online form.
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Can I Schedule My Ignition Interlock Calibration Appointment Out of State?
Smart Start wants your Ignition Interlock program to be successful and easy. That’s why our clients can visit any Smart Start service center for their calibration appointments. You don’t have to visit the same service center where your device was installed. For example, you can get your device calibrated at a Smart Start center near your work rather than the one closer to home. As long as it’s within your state, you’re ready to go.
Ignition Interlock Calibration Appointments Outside of My State
However, sometimes your work or travel may take you out of state. In most cases, a calibration appointment can be performed at a Smart Start service center in another state, although we strongly suggest checking with your State Authority beforehand. Also, be sure to ask your Smart Start technician to calibrate your Ignition Interlock Device according to the regulations in your home state.
Need to Check on Your Next Calibration Appointment?
Just press the pound sign (#), then 1 on your device. The screen will tell you when your next calibration appointment date is.
Count on Smart Start for the Best Ignition Interlock
Smart Start ensures a seamless and easy Ignition Interlock program with a reliable device and round-the-clock service. Fill out our form today or call our Customer Care Center at (800) 831-3299.
Schedule an Installation
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