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Each and every client will face the same standard: a .02 percent blood-alcohol limit for the ignition to turn. The legal blood-alcohol limit for drivers in Missouri and most other states is .08 percent.

If the legal limit is .08, that would suggest that it is not illegal to drive at .02. So is the state effectively prohibiting otherwise lawful conduct here?

1 posted on 07/02/2009 10:51:56 AM PDT by Huntress
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To: Huntress

“If the legal limit is .08, that would suggest that it is not illegal to drive at .02. So is the state effectively prohibiting otherwise lawful conduct here?”

Well this only comes into play AFTER you’ve blown it (pardon the pun) enough to warrant having this device in the first place.

Driving is a privilege, not a right.


2 posted on 07/02/2009 10:57:26 AM PDT by Slapshot68
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To: Huntress
So is the state effectively prohibiting otherwise lawful conduct here?

For convicts, yes. The bigger question is whether it is ex post facto.

And the bigger concern is whether requiring 'on the roll' retests is going to create a safety hazard. I don't do plaintiff's work, but I can see looking for some deep pockets if someone caused a wreck while trying to blow into the device while driving 70mph down the interstate.

3 posted on 07/02/2009 10:59:54 AM PDT by PAR35
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To: Huntress

Good question. The state may have to change the law for the legal limit to operate a vehicle.

Overall, I think the state has every right, under the Constitution, to implement one of these for a person convicted of DWI or DUI.


5 posted on 07/02/2009 11:01:14 AM PDT by Recovering_Democrat (I'm SO glad I no longer belong to the party of Dependence on Government!)
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To: Huntress

Sounds good to me.

Maybe it will keep some of these offenders from getting a 3rd.

I’m surprised the state is going along with this, considering how much revenue DWI/DUI brings into the system.


6 posted on 07/02/2009 11:01:26 AM PDT by TNLawyer ("Before I formed you in the womb I knew you,")
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To: Huntress

Coming soon to EVERY car.


9 posted on 07/02/2009 11:11:13 AM PDT by swarthyguy ("We may be crazy in Pakistan, but not completely out of our minds," ISI Gen. Ahmed Shujaa Pasha)
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To: Huntress

“...require all individuals with alcohol-related offenses to have an ignition interlock installed on their vehicles.”

Does that mean cars the convict OWNS?


16 posted on 07/02/2009 11:48:38 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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