Life-Saving Legislation: How New Technology Can Be Used to Solve One of the Leading Causes of Death in the United States

By: Taylor Sullivan

Drunk driving accidents have led to approximately 30% of all vehicle-related deaths in recent years with around 10,000 deaths per year caused by alcohol-related crashes.  New technologies may offer a solution for decreasing alcohol-related car accidents.  The Senate recently passed a $1 trillion infrastructure bill that would include a mandate for anti-drunk driving technology in new vehicles.  If the bill is passed by the House and signed by President Joe Biden, the US Department of Transportation will have three years to come up with a feasible standard for anti-drunk driving technology in vehicles.  Vehicle manufacturers will then have two more years to comply with the new standard assuming it is “reasonable, practicable, and appropriate.

Anti-drunk driving technology is not new as a concept.  Ignition interlock device technology was developed in the late 1980s and states often require installation after drunk driving convictions.  The ignition interlock device is a system that requires that a driver blows into the device to monitor the individual’s blood alcohol content.  If the individual is above the legal limit, the car will not start, thus preventing the intoxicated individual from driving. The new technology being developed, however, uses a more passive approach to monitor blood alcohol levels.  This works to strike the balance between monitoring those who do not have drunk driving convictions yet that are looking to drive under the influence, and not being so aggressive as to inconvenience sober drivers.

Driver Alcohol Detection Systems for Safety (“DADSS”), implements two new ways that devices may be used to monitor the blood alcohol content of drivers.  First, the Breath System draws in a driver’s exhaled breath to measure the alcohol and carbon dioxide concentrations.  Because Carbon Dioxide absorbs infrared light at certain wavelengths, the sensor would reflect infrared light onto the breath sample to measure the absorption and calculate the person’s blood alcohol content.  This system is currently being tested with a breath simulator that combines carbon dioxide, oxygen, nitrogen, and varying levels of ethanol to test the system’s accuracy.

The second system DADSS is working on is a Touch System.  The Touch System will use spectroscopy to measure blood alcohol content in the driver’s perspiration based on their touch.  The sensors would shine infrared light onto the driver’s skin with a portion of the light being reflected back towards the sensor which can then calculate the blood alcohol content based on the chemical properties under the skin.  The sensors would be placed in areas naturally touched by the driver such as the steering wheel or the start button.  New research has been focused on wats to ensure that the car can accurately detect when it is not the driver that is touching the touchpad.  This includes systems that require the driver to be sitting in the driver’s seat when touching the sensor in order for it to work.

The Senate passed the bill stating that research shows this type of technology could save over 9,000 lives per yearand billions of dollars.  Concerns, however, have been raised regarding the accuracy of the new technology.  There is some apprehension toward how the technology will be able to focus only on the driver and not disable the ignition of a vehicle based upon the breath or touch of an intoxicated passenger.  Nissan released a similar anti-drunk driving system back in 2007 which was tripped up a number of times by intoxicated passengers.  Another concern raised is the current cost of installing these systems in new vehicles.  Auto manufacturers are concerned that the cost would fall to them and they would assume the responsibility for this issue.  Further, there is a concern that these systems require frequent maintenance and calibration which can be inconvenient for drivers who are not a part of the current drunk driving problem.

Overall, this type of system could make a quick and significant difference in the number of people who die as a result of drunk driving, as well as the families who have to grieve the loss of loved ones because of driving under the influence.  The concerns, however, are very real.  The technology must be tested and improved to a point of narrowed accuracy in order for people to really get on board.  That said, what won the popular vote in the Senate was the fact that the benefits might outweigh potential costs, and this is likely to be a driving factor in the push to adopt this infrastructure bill.  Even with the passing of this bill the Department of Transportation has three years to construct a valid standard that grants more time for research and improvement.

Countless people have lost lives to drunk driving incidents, not to mention the family members whose lives are forever impacted, so technology such as this could be the answer to many people’s prayers for safety on the road.

Student Bio: Taylor Sullivan is a third-year law student at Suffolk University Law School. She is a staffer on the Journal of High Technology Law.  Taylor received a Bachelor of Arts Degree in Criminal Justice and Emergency Preparedness, Homeland Security and Cybersecurity from the State University of New York – University at Albany.

Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.

 

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