Surprise, Surprise, the Cottage Industry Around BAIID Devices

Finally, some states, unfortunately not Illinois, are taking a critical view of BAIID. For all of the talk that BAIID may be a panacea to drunk driving, the state legislators in Kentucky and Indiana appear not so certain the devices should be used as broadly as the law in Illinois permits (which I previously discussed here and here).

March 22, Frankfort, KY-

Senate President David Williams said last week that he has questions about the cost of the so-called ignition interlock devices and who would supply them.

"Any time you make something mandatory, you need to make sure you aren't creating a cottage industry with one cottage," Williams, R-Burkesville, said recently.

Sen. Gary Tapp, a Shelbyville Republican who was on the conference committee that approved the compromise version of the bill, said Senate leaders want "to make sure that we weren't creating a situation where there are only one or two providers" of the devices. He said he didn't have further details.

Keene's original bill would have required ignition-locking devices for vehicles of all first-time offenders. But the conference committee bill now before the Senate requires the devices for vehicles of first-time offenders who have an aggravating circumstance involved in their conviction.

The bill also would change the definition of aggravating circumstances. Current law makes it an aggravating circumstance to drive with a blood alcohol content of 0.18 percent; the conference report lowers that to 0.15 percent.

The Indiana legislators apparently that think that perhaps the decision should remain in the realm of the judge, fancy that, not taking away judicial discretion.

The Indiana House has approved a bill that would mandate the ignition interlock devices for any driver convicted for the first time of drunken driving with a blood-alcohol level of 0.15 percent, nearly twice the legal limit.

The Judiciary Committee's chairman, Richard Bray, R-Martinsville, said he does not support legislation that takes away a judge's discretion to decide punishment and he remained unsure whether he would hear the bill.

Perhaps Illinois should take a closer look at the legislators in our neighboring states of Kentucky and Indiana.