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Survive A DUI

How to get through getting a DUI - both mentally, and legally.

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A (somewhat) DIY Expungement

Hey everyone, Tom here - and it's me actually writing the article for once! I’ve been meaning to write this for a while, but haven’t gotten around to it, my apologies. The truth of the matter is that once you do your classes, pay your fines, and live out your probation, your DUI goes away. It’s not hanging over your head, it’s not weighing on your shoulders, it’s not on the top of your mind all the time. For many of you going through it right now I know it doesn’t seem that way, but I promise you, it doesn’t.

Before we get into things - let me just be clear and reference the Disclaimer on the site and reiterate - I am not a lawyer, I have no legal training, and none of this is legal advice. This is a story of how I did things… I didn't know what I was doing and I had a little bit of guidance. Still, I think it's important to tell the story of how I mostly did my own expungement to showcase how it can be done. A previous post "Guest Post: How Often are DUI cases expunged in California" helped me to think I could take on the task myself, and gave me reassurance that expungement could be granted.

Additionally, every county is going to be different - this will apply to Los Angeles county, however there should be information on your county's website about which forms are needed.


“Expungement”



It had been over 3 years since my DUI and I wanted to move on with my life. I had learned a lot from the process, I had grown, I was in a different position in my life. But still, I was worried about it haunting me - I needed to move soon, and I was worried that my conviction would make any prospective landlord say no to me. I was worried that when I was applying to new jobs that I would have to disclose it and they would turn me down for the job. It’s a cruel way to live - I had “done the time”, I paid off every penny I owed, I had done everything they asked me to, not made a single mistake since, and still, I was under threat of being punished further, that my mistakes would hang over me for the rest of my life.

I wanted to move on.

Fortunately CA offers a chance for us to move past our mistakes. They don’t offer a “true” expungement (which would be clearing out the whole thing top to bottom) but they offer one that’s close enough to where it doesn’t matter - Your plea of “Guilty” or “No Contest” or finding of guilt is withdrawn, a please of “Not Guilty” is entered, and your case is dismissed and can no longer be used on background checks. It’s still in the system that you were arrested, but now any time you are asked about a conviction you can fill out “no” and be correct. It doesn’t apply to filing state certifications, the FBI file on you, Watson Murder Laws, you’re still prior-able for any further DUI you receive, it doesn’t apply to the DMV side of things, but… it’s something. In most cases it will be enough to make it so that your DUI doesn’t further hinder your life.

To be eligible you must have completed probation, and paid any fines and fees you owe to the state.

When first discussing representation with my attorneys back when this all started, a few tried to tempt me into hiring them by offering me a “discount” on a later expungement, or a motion to reduce probation. Even with this discount both were very expensive and I wasn’t in a great place financially. I had to find other options. Could I possibly do this myself? I started researching and started gathering the resources to get the process started.

Forms, lots of forms.



There’s a surprising amount of legal resources online provided by the government - The state has a guide where you can look up your conviction and see your eligibility, as well as guide you on how to expunge your record. More importantly they also host the two forms that are needed - CR-180 - the petition for dismissal, and CR-181 - the judge’s order to dismiss. The first one I filled out my court information at the top, then indicated which type of infraction I was convicted under and that I had done my probation, if it was terminated early I would've checked the box for that - but mine wasn't so I didn't, and that I should be “granted relief in the interest of justice”. It’s a lofty term, it feels like you’re asking them to clear up your case because you intend to become some sort of supercop, but really you’re asking them to be fair to you - you did everything you had to, you’re not dealing with another case, let me free. The companion document, CR-181, is basically the same court information and then setting everything up for a judge to check a box based on their decision and sign it. It’s basically making things easier on them, which is always a good thing.
Then comes the declaration - I could've written it in the space on CR-180, but there's not a lot of room to create a compelling argument. I decided to use a little bit more space, and I could have used either form MC-031 or deleted the first page of this pleading paper and written it according to legal practices - every line meeting up with a number on the side, numbering paragraphs, titling the document (on line 1), numbering the pages at the bottom above the footer (below line 28, and centered on the page) and filling in the information of what the document is at the bottom (Declaration in Support of Petition Under P.C. 1203.4, 1203.4a and/or P.C. 17(b)(3))

With the declaration I did what I’ve done this whole time - express remorse, regret, take responsibility for what I’ve done, and express how much better I've become, and how much I want to continue to be better. I wrote from the heart, writing about how awful this has been and how I never want to do it again. I let them know my pain, and how I absolutely never want to do this again. I also included how getting this expungement would help me achieve my goals in life and be a better person. It’s finally a chance for you to express all the things you’ve felt, all the please to God that you’ve made, with a chance that somebody will hear them, and help you. It feels good.

A Little Help



This is all a very technical process - and I didn’t know any of it. There’s a certain amount that you can do and learn on your own, but as with all of this process, it helps to get guidance from the professionals. There’s organizations dedicated to helping people get out from under the shadow of their conviction - namely Continuing Justice however, I managed to find a lawyer on social media who was willing to give me a little guidance, and it helped a lot. I never would’ve known all the rules about a pleading document without them. If you get confused there’s plenty of non-profit resources that you can look into.

Filing



This is where things get a little bit tricky and technical. It’s one of those “this is a reason why lawyers and legal clerks have jobs” sort of thing. Doing this by mail required me to have a Proof of Service form with the documents - form POS-030 - with this I couldn't turn the documents in by dropping them off, it must be via mail. There’s an additional hitch to this - I couldn't serve the documents since I am involved in the case. I had to get somebody else involved - it could've been anybody who isn’t involved in the case - a spouse, parent, child, friend, priest, grocer, neighbor, stranger you met in the street, anybody who isn’t me. I went with a friend who had gone through a similar situation that I was comfortable talking about it, but I did consider just making a Craigslist post and seeing if somebody would do it for $5.

My information was at the top of the POS (the branch name will be the court where my case was), and I filled in what documents will be sent and the name and address of whoever is being served - which was going to be either be the DA’s office, the City Attorney office, or whichever other office prosecuted me (I didn't know), and my friend helping me filled in their name, address, date, and their signature.

Then I made two packets:

The first is for the court - I sent in (in this order) a CR-180, Declaration, CR-181, Proof of service, all paper clipped together. You're not supposed to staple them, I'm told they hate that. I also included a second CR-180, and declaration paper clipped together. I put the two paper clipped packets in an envelope and addressed it to the clerk’s office of the court that my case was in.

The second packet is for the prosecution - you have to let them know that you’re doing this, too. It was either the District Attorney or the City Attorney, I tried the DA first. Their packet was a CR-180, Declaration, and Proof of Service all paper clipped together. They only need one copy, so that was all I put in an envelope addressed to them.

Then I met with my friend who was serving (mailing) these papers, had them fill out their name, address, date, and signature on both Proofs of Service, and then signed and dated my CR-180 and my declaration. Sealed the envelopes, stamped them, and gave them to my friend to send off.

Trial and Error



Like everything, this isn’t the easiest process. There’s some unknowns. I initially sent mine to the District Attorney’s office and it came back with a letter saying the wrong party was served. I resubmitted the packet (still via my friend, but now with a new POS) to the City Attorney, and this time it took. Sometimes this is going to happen and even the lawyer who was advising me wasn’t able to tell who to submit to until it came back rejected. Don’t worry. It’s a common thing and it came back with a letter explaining why it was rejected. One of the very few times that the government was helpful during this whole ordeal.

Additionally, it was good to know that I didn't only have one chance to apply for an expungement. While expungement is somewhat common in DUI cases, things happen and they can be rejected. If you get rejected they should tell you why, and you can always take another crack at it, you just have to wait six months.

Results



After a few times of submitting, waiting, getting my forms back, having them bounce back and figure it all out I got a letter saying that everything was submitted and would be reviewed. A month later I got my judgement: The court granted my request and dismissed my case.

It was a long time coming but it was finally over - all the pain, all the money, all the hassle… I’d finally overcome it. It was an extremely joyous moment, one of the very few in this process.

It was all behind me. Officially.

From submitting the final accepted packet to getting my judgement was just about two months. Two months is all it took to be free.

Travel



The number one question that comes with an expungement - can you go to Canada? Because Canada has different DUI laws that make even the most minor DUI a felony, they’ve historically been strict on allowing DUI offenders into their country. However, now that I’m no longer convicted of a DUI, would I be ok to go?

I haven’t traveled myself, but every indication seems to be yes. There’s several anecdotal examples of people getting in, and this website seems to suggest the same. They say it’s a good idea to have a copy of your dismissal paperwork with you, which isn’t a bad idea. Ultimately, still, it’s up to the border officer you encounter, but seems like most recognize a CA expungement. Canada focuses on convictions… with this expungement… you weren’t convicted. Just wait a little bit for the database to get updated.

Automatic Expungement



AB 1076 was passed a little while back and has made a world of difference to a lot of people - it allows minor convictions to become automatically expunged after a certain amount of time. The reasoning makes a lot of sense - a lot of people don’t know they’re eligible for the expungement, plus the burden of the costs and research involved is unfair. Since this became law millions have already had their past convictions of shoplifting or other minor, non violent crimes be cleared from their record, allowing them to move on with their lives.

Will it work in your case? I’m not so sure.

First off, the law only applies to people who have been arrested after Jan 1st, 2021 - which means that most, if not all, people who received DUIs since then would still be on probation and not eligible for the automatic expungement yet.

The other problem is I’m not completely sure if DUIs are covered under the law. There’s part that’s carved out to call to the vehicle code, but I don’t quite understand it. Like I’ve always said, I’m not a lawyer. Researching this hasn’t lead me to any sort of definitive this will or this win’t expunge a DUI.

Afterwards



I often explain to people, like I did at the beginning of this post, that once you get to a certain point you don't think about your DUI, and it's almost as if it never happened… This is what I mean. Since the day I received the judgement, I've been free. I've certainly learned my lesson to never want to go through this whole ordeal again, but now I have a feeling that I've "made up" for what I did.

It can happen to you, too.

Guest Post: Starting Over with a New Zip Code: Rebooting Your Life

handsImage via Pexels

(Jason Lewis reached out to me via the contact form and offered up his unique take on the issues at hand for people dealing with DUIs… I've only really heard of people saying things in the pit of despair when they've just been arrested and feel so awful. I've never heard of anyone actually packing up their life and moving away, but then again, why would I have? If they've packed up and run away, they've just disappeared! It's interesting to think about. Sometimes change is good. - Tom)

Starting fresh in a new city after going through a challenging period like getting a DUI can feel like a daunting task. Yet, it also holds the promise of new beginnings, a clean slate, and the chance to redefine who you are. This article from Survive A DUI offers a roadmap for navigating this transformative experience, ensuring that you not only survive but also thrive in your new environment.

Prioritize Mental Health
First and foremost, look after your mental health. If you're emerging from a dark place, professional help such as therapy or counseling can be instrumental. Alongside this, establish daily self-care routines, including skincare, reading, or whatever makes you feel good. Practices like mindfulness and meditation can also help anchor you in the present moment, providing much-needed stability.

Find a Place to Live
When relocating to a new city, one of the most significant tasks is finding a suitable place to live. An effective strategy is to start your search online for rentals in your desired location. Numerous websites and apps provide listings with detailed information about available apartments or houses, including rent prices, amenities, and even virtual tours. This preliminary search can help you narrow down your options, understand the rental market in the new city, and ultimately find a place that meets your needs and fits your budget.

Connect with Local Resources
Don’t underestimate the support that local resources can offer. Look for community centers or support groups that align with your interests or needs. Career services and job placement agencies can be incredibly beneficial if you're starting a new job or looking for employment. Finally, if you're considering further education, look into courses or workshops that can help you skill up or shift career paths.

Building New Friendships
Isolation can exacerbate existing challenges, so prioritize social connections. Attend community events or social gatherings to meet new people. If you have specific interests, look for clubs or hobby groups where you can meet like-minded individuals. Social media platforms and friendship apps can also be helpful to establish initial connections before meeting people in person.

Exploring Your New Community
Use your fresh start as an opportunity to explore your new community. Take weekend strolls to get to know your neighborhood’s nooks and crannies. Museums, parks, and cultural events can provide both entertainment and a deeper understanding of your new city. And don’t forget the food—trying local restaurants is not just enjoyable but also a fun way to immerse yourself in local culture.

Maintaining a Positive Outlook
Maintaining a positive outlook can significantly impact your experience. Start a gratitude journal to focus on what’s going well, however small. Break down your larger goals into more achievable tasks and celebrate these small victories. Surround yourself with positive influences, be it people, books, or motivational podcasts.

Companion with a Pet
If your living situation allows for it, consider adopting a pet. The companionship can make a world of difference when you’re feeling lonely. Pets also bring routine and responsibility into your life, elements that can be grounding. The emotional support and unconditional love a pet offers can be a healing presence as you navigate your new beginning.

Embrace a Healthier Lifestyle
Lastly, use this transition as a catalyst for a healthier lifestyle. Incorporate quick 20-minute workouts into your daily routine or adopt active commuting methods like cycling or walking. Make balanced meal choices and remember to hydrate—sometimes, the basics are the most impactful.

When you’ve made a mistake like getting a DUI, moving to a new city can be your catalyst for change, offering you a fresh canvas on which to paint your life anew. By looking after your mental well-being, tapping into local resources, creating new social circles, and adopting a positive mindset, you can transition from surviving to thriving. So go ahead, explore your new surroundings, get involved in the community, and perhaps even find a cuddly companion for this exciting new chapter of your life. The journey of a thousand miles begins with a single step, and your new life is just a decision away.

For resources and information to help you get through a DUI mentally and legally, visit Survive A DUI today!

Guest Post: DUI Effects on Mental Health & Treatment

Mark Berry reached out to me to share his thoughts on DUI's effects on mental health. If you'd like to share your thoughts on a topic, please reach out via the contact page. - Tom

Most people associate the dangers of drunk driving with things like getting into accidents or being pulled over by the police. However, there are additional risks associated with intoxicated driving, risks that can have an impact on your mental state.

Repeat offenders are more prone to anxiety, depression, and other mental health issues. DUI offenders are more likely to commit suicide than those who have not been convicted, according to studies. When it comes to drunk driving, you need be mindful of more than just the physical concerns. This behavior is also related with mental health problems.

Anxiety

Anxiety is one of the most common mental health hazards associated with drunk driving. This is especially true for first-time offenders who may be concerned about being involved in an accident or being pulled over by police. Even repeat offenders can experience anxiety as a result of drunk driving convictions.

Seeking legal and psychological assistance can aid persons suffering from drunk driving symptoms. If you need legal assistance, you can consult with a DUI Lawyer, and many mental health professionals can also help.

Depression

Another major mental health issue related with drunk driving is depression. This is especially true for repeat offenders, who may believe their situation is hopeless.

However, if you've been convicted of DUI then you must seek professional counseling for any depression symptoms you are suffering. The majority of depression cases can be properly addressed with treatment and medication.

Other Mental Health Dangers

Other mental health problems are related with intoxicated driving, in addition to anxiety and sadness. Among these are: feelings of humiliation and guilt; difficulty concentrating; and anger and frustration.

Sleeping Difficulties

Loss of interest in previously enjoyed activities Alcoholism Post-traumatic stress disorder (PTSD), Memory issues, Work or school troubles, etc.

Precautions, Treatments, and Identification

If you're suffering from mental health issues as a result of your drunk driving convictions, there are treatments available to help.

If you are suffering from alcoholism, it is critical that you get expert assistance because this is a serious condition that requires treatment. There are various sorts of alcohol addiction treatment available, and the optimal treatment will differ from person to person. If you are suffering from anxiety or depression, therapy may be a helpful treatment choice.

Cognitive-behavioral therapy (CBT) is a sort of therapy that can be especially beneficial for people suffering from anxiety or depression.

Medication may be required in some circumstances to treat anxiety or depression. If you're on medication for your mental health, it's critical that you follow your doctor's recommendations and never drink alcohol while taking it, and take caution while driving.

You can also take steps to reduce drunk driving and the associated mental health hazards. If you intend to drink, have a designated driver who will not be drinking. If you've been drinking, you can also use apps like Uber or Lyft to obtain a ride home. It's also critical to recognize the indicators of drunk driving. Call the police if you see someone driving erratically, swerving, or speeding.

Contact a DUI Defense Lawyer Right Away!

We are fallible by nature and are likely to make mistakes. Sometimes our emotions take control of our minds, preventing us from making logical decisions.

Coping with the consequences of a DUI arrest may be more difficult, but you may begin with the minor things. Exercise regularly and eat healthily. Avoid alcohol and seek help from family and friends.

Most importantly, seek legal counsel from a DUI attorney. You will feel more confidence going into trial if you know you have someone who can assist you with your predicament. They can also refer you to local resources to assist you in dealing with mental and emotional stress.

Contact a DUI lawyer right away!

Author’s Bio:
Mark Berry is a lifestyle blogger whose writing is focused on self-development, health & fitness, entertainment, and debt solutions Services. He encourages readers to live their dreams but also teaches them to be realistic and practical. He loves to share his insight on life experiences and contributes to various online platforms in the same niche.

Guest Post: Preparing for Court -  Surviving your DUI Court date

Max Frizalone of the Frizwoods Group reached out to me and offered some insights on how to prepare for court. Personally one of the big advantages of hiring a lawyer was having to avoid all this (although in my case they messed it up), but since some people opt not to hire one, or are in a position to where they may have to appear, I thought this would be a valuable article. - Tom


Preparing for Court -  Surviving your DUI Court date


If you are required to appear in court, especially as a defendant in a DUI case, you must dress and behave appropriately. Although this seems simple for lawyers, attire can be a point of stress for many Defendants. I’ve written this article as a day-of-court guide for anyone who might be unfamiliar with what to wear for their case. The basic rule of thumb is dress to impress.

In other words, you must present yourself in a way that makes the best possible impression on the judge, the prosecution, and the jury (if applicable). All of these people will have an impact on the outcome of your case, and they will—rightly or wrongly—judge you based on your appearance and behavior in court. 

Therefore, understanding how to present yourself in court is a must if you want to increase your odds of a successful outcome in your criminal case. In this article, we discuss how to prepare for court for a DUI case. 

The Science of First Impressions


Studies have shown that a person forms a first impression of another person within seconds of meeting. According to research in the field of neuroscience, the human tendency to judge others based on first impressions is hard-wired into our brains. In other words, it is our natural instinct as human beings to make snap judgments about others.

 So, it’s easy to see how this can affect you as a criminal defendant in court. Judges, juries, and prosecutors are driven by the same human instincts as everyone else, and their first impressions of you can have a huge impact on the outcome of your case. Therefore, as a criminal defendant, it is imperative that you do everything you can to make an excellent first impression when appearing in court. As unfair as it may seem, your appearance and behavior in court can have a huge effect on the outcome of your case. 

What to Wear


The first thing that the judge, prosecutor, and jury will notice about you when you enter the courtroom is your appearance. Therefore, you must dress in a manner that makes a great impression on the people who will have an impact on your case. For men, best practices would be to wear:
  • A clean suit or a sport coat and dress pants
  • Conservative dress shoes 
  • Matching dress socks
  • A solid-colored shirt with a collar
  • A solid-colored tie.

And for women, appropriate dress in court means:

  • A dress blouse
  • A professional skirt or dress pants 
  • Conservative dress shoes, such as low-heel pumps or flats
These outfits are just recommendations. In the post modern world of 2022, I do not presume to tell someone they must wear a certain outfit, or need to dress according to their gender. Similarly, a Judge won’t necessarily admit to treating someone different based on their dress. And honestly, I truly believe that they wouldn’t do so consciously. Having said that, the subconscious isn’t well understood but is generally accepted to drive some of our decision making. I try not to leave things to chance, so dressing for business is a safe bet. 

 In my career as a Public servant (on both sides of a Court room) I have seen nearly every bad outfit that a person can wear to Court. Everything from F@!* the Police shirts, to shirts that are barely there. I can honestly say that those people were taken less seriously. In a room where your credibility might be the difference between jail and a probation, it’s important to play it safe. 

Additional Attire Tips



Don’t dress casually:


As noted above, you shouldn’t dress casually in court. Court is a business-like environment. If you dress casually, the people who will affect the outcome of your case may assume that you aren’t taking the matter seriously, and this isn’t a good thing. No matter what you think about the criminal charges against you, you must demonstrate that you are respectful of the legal process—and this starts with your appearance.

Avoid flashy or overly formal clothing:


Although you shouldn’t dress casually in court, you also should avoid wearing flashy or overly formal clothing, as this may also paint you in a bad light. For example, court isn’t the place to wear a tuxedo or evening gown. In addition, you should avoid clothes with bright colors or flashy patterns. 

Avoid anything controversial:


Finally, you should avoid wearing clothing that may be seen as controversial, such as clothes that display political or social statements. You have no way of knowing how the judge, prosecutor, or jury may react to such statements, so it is best to avoid them altogether. 

Grooming Tips


In addition to wearing the proper clothing to court, you should ensure that you are well-groomed and present a neat, clean, appearance. This includes:  
  • Styling your hair in a conservative, neat fashion
  • Avoiding wet, dirty, or messy hair. You don’t want to look like you’ve just woken up. 
  • Scheduling a haircut one or two weeks before your court date.
  • Keeping your nails neat, clean, and trimmed
  • For women, using neutral or conservative nail polish
  • For men, being clean-shaven or having a neatly trimmed beard.

Cover Tattoos and Non-Traditional Piercings

Tattoos and piercings are widespread and common today. Unfortunately, despite their prevalence, negative connotations associated with tattoos and certain types of piercings still exist, especially in areas that tend to be more socially conservative. 

And although this certainly isn’t true across the board, many judges and jurors hold traditional views on tattoos and piercings. Therefore, you should err on the side of caution when it comes to displaying your tattoos and body piercings in court. In other words, if possible, you should cover your tattoos and remove all non-traditional piercings before appearing in the courtroom. 

Unfortunately there are certain tattoos that cannot be easily covered. I have personally been involved in cases with facial tattoos that were covered by makeup. While it was challenging, it was important to attempt to cover these tattoos based on the subconscious negative associations that jurors and judges might hold against a client or witness.

Although, as a criminal defendant, you probably won’t have the opportunity to speak often in court (your attorney will likely encourage you to exercise your constitutional right to remain silent), when you do have a chance to speak, you should do so respectfully. For example, when dealing directly with the judge in your case, you should use a respectful tone of voice and always address him or her as “your honor.” In addition, you should avoid using slang terminology and other language that may give the judge and jury the impression you aren’t taking the legal process seriously.  

There are certain points in every case where I discuss having my client give an impact statement before their sentence (if they are found guilty). I always ask my clients to prepare the statement in advance as it is necessary to make a few edits. Additionally, I always ask my clients not to criticize the State’s case, unless we’ve lost a contested trial. There’s nothing worse then entering a guilty plea and then arguing with the Judge that you weren’t guilty, or the police lied. If those things are in fact true, then it would be best to hash it out at a trial. 

Presenting yourself in an appropriate manner while in court is a necessary component of a solid defense. However, there is much more to successfully fighting DUI charges than simply looking nice and behaving respectfully. To give yourself the best chance of success in your criminal case, you need an experienced criminal defense attorney on your side. Look to an attorney's reputation in the community and speak with them before paying any money. 

Best of luck with your Court date, you’re going to be A-O-K.

No More DUIs in 2027? (and why it may not be a good thing)

This article came across my desk this morning…

Every Car Made After 2027 May Have Drunk Driving Monitoring System

Long story short - the infrastructure bill that we've heard so much about recently has a tiny little clause stuck way, way deep inside of it that would require every car manufactured in 2027 and beyond to have a system that would prevent the car from operating if any alcohol is detected. Now, before you start to think that everybody is going to have an Ignition Interlock Device (IID) installed on their car, the bill mentions that it would be a passive system. So how would it work?

Well… Like always, that part they haven't figured out.

One method would be a button on a push-to-start system monitoring blood alcohol levels through touch… Currently I don't know of any reliable test that uses that sort of technology. Still this is six years down the road, so maybe it's possible. I've said many times on this blog that I am not a lawyer, but in this instance I will add that I am also not a scientist. The other would be a breath monitoring system that would act like a constant breathalyzer scanning the air for alcohol particles, even being able to, supposedly, be able to determine if the alcohol in the air is from the driver and not a passenger. We'll see what happens when a drink passenger gets in and puts their favorite song on, the one they just have to listen to right now, and starts belting out the lyrics as hard as can be.

I'm sure they're considering all these factors, but… I'll believe it when I see it. Our current IID machines aren't great - resulting in false positives from such things as eating bananas or onions. There's no oversight established yet, so who knows how this will go. The car manufacturers love it because it's another thing they can charge for and it further absolves them of any responsibility.

An excellent point made in the article "Given such a technology would likely be used hundreds of millions of times every single day if mandated, an error rate of even .01 percent would result in millions of mistakes a day." I can't imagine the chaos that would ensue from the early adopters just months in. If you can't get to work because of a false positive and lose your job, you may be able to sue Ford, or Subaru, or whoever for damages. I'm sure they will not be happy with that.

Fortunately, the transportation secretary can delay this requirement if the technology isn't ready - so if they never get there or autonomous cars take over completely by then, this will all be moot.

So, this provision may be the greatest change to automobiles in recent memory or a bunch of wishful thinking.

There's some additional concerns however-

Vice's article mentions that police often get warrants to search the car's onboard computers, and these computers collect a lot of data that the driver doesn't realize - everything from whether the car was in motion without your seatbelt fastened to your complete driving history in cars with onboard GPS. Theoretically one could get into an accident and have this data pulled and used against them to show that there was a detectable amount of alcohol below shutdown level and have that information used in a lawsuit against the driver, or used by insurance to disqualify a claim. This aspect I'm not as confident that they will work out before implementation. There's supposedly measures in place to protect your privacy, but time and time again these have been hacked or simply obtained through legal measures. The reassurances they put out are not reassuring.

With an onboard breathalyzer in place people who haven't been through the system, like us, will also be given a level of confidence they may not have had earlier. The device will be able to detect alcohol, but there's no word on whether it will be able to detect other intoxicants - and given that it's been this difficult and taken this long to detect just alcohol, and the provision only requiring alcohol testing - it's unlikely that feature will be involved. So, a person may start their car and easily assume they are ok to drive when they could be under the influence of anything from marijuana to PCP to ecstasy to being sleepy to being mad about a football game or their partner leaving them. A person using their car can get drunk, not be able to start their car and realize they're not ok to drive. The next week they get loaded on Xanax, get in their car, have it start up, and think, "I'm good to go" when that isn't the case. I'm not sure what messaging will surround the system (and to be frank, this far out nobody is), but I'm sure it will not get into the nuances of what constitutes "being ok to drive". There may be a lot of bad unintended consequences from giving somebody this false sense of ability.

One last issue I had - a lot of the descriptions put these systems as rendering the car unable to start, but able to turn on so that somebody can charge their phone, get out of the cold, etc. While good in theory, it overlooks one big aspect of DUI law that many of us know all too well: you don't have to be driving the car, you don't have to be in the front seat, you don't have to even be in your car to get a DUI. Many, many, many people are arrested for DUIs for doing the responsible thing and sleeping off the alcohol in their back seats, or have been drunk outside their car without the intention to drive, but in possession of their keys. This is another false sense of security that will be given to a lot of people. "Oh, my car has the alcohol system installed, I'll just chill in the backseat for an hour or two until I'm ready to drive". A lot of people don't realize how far-reaching DUI laws are. I'm guessing that within a few years of this program being implemented non-driving DUIs will outpace actual driving DUIs. But as well know all-too-well, DUIs are a cash cow for the states, so they wouldn't want to kill the golden goose now, would they?

This would only apply to new cars, so 2026 cars would not be required to have this technology installed if it gets to become install-worthy. However, if the technology is available, reliable, and auto manufacturers like it, it may be difficult to purchase a new car without this feature much earlier than it's legally required (like backup cams and large distracting screens were ubiquitous). Some may hold on to older vehicles and keep them on the road in the name of "freedom".

We all want to live in a world where people don't drive drunk. Especially those of us who have had to face the consequences from those actions. However, is merely forcing this technology on everyone going to be enough? This technology can easily leave somebody, possibly sober, stranded in a precarious and unsafe position. Is this technology going to be reasonable if we do not improve things like public transportation or ridesharing availability to reach people in areas that aren't heavily trafficked? Will people resort to circumventing or disabling the system through shady means out of sheer need? Why do a lot of DUIs happen? Because people don't have options, they're scared of getting their car towed, or a hefty ticket when they leave their car overnight. They're worried they won't be able to get home and they're stuck somewhere they don't want to be. They're worried about fulfilling obligations and don't see another way. Where are the solutions on this end?

It's a lot to think about. Hopefully some of these gets resolved before (if) it all gets implemented. Hopefully more attention to this will lead to some more intense examination of this provision and its consequences.

Of course, with the infrastructure bill in constant limbo, it might not even make it to the final bill. If not, I would expect a similar legislation, either on its own or attached to something else, to be pushed through relatively quickly.

I'd love to hear your thoughts on this, and I've created a discussion thread on substack (where you can subscribe to the SAD newsletter) where you can chime in and give your perspective:

No More DUIs in 2027? discussion