COMMENTARY: DUI checkpoints invade rights, are an inefficient solution to the problem of drunk-driving

By NICK SLOAN, NJSloan212@gmail.com

Drunk-driving is a worthy problem to attack for law enforcement and society in general.

According to the Centers for Disease Control and Prevention, there were nearly 300,000 "incidents of drunk driving" each day in the United States during the 2010 calendar year. In total in 2010, there were over 112 million reported cases of drunk driving.

In Kansas, drunk driving will be a central focus during the Labor Day Weekend. DUI checkpoints (or sobriety checks) will be set up across the Kansas City metro.

The Sunflower State also had a new law passed in 2012 that makes it a crime for someone to refuse a breathalyzer test.

When it comes to solving the problem of enforcing the law, are checkpoints really the best option?

The answer if you look at the statistics is "no."

DUI fatalities drop sharply in wake of recent law

By SHAUN HITTLE, The Lawrence Journal-World

When lawmakers passed legislation in 2011 requiring an ignition interlock for those convicted of their first drunken driving offense, one of the main goals was cutting down on alcohol-related traffic fatalities.

After a year, it appears the law is working, according to preliminary data released by the Kansas Department of Transportation.

Between July 1, 2011 — when the state’s new DUI ignition interlock law went into effect — and June 30, 2012, the state recorded 59 alcohol-related traffic fatalities, compared with 125 and 137, respectively, for the previous two years during the same timeframe.

“I think it’s exciting news,” said Greg Benefiel, a Douglas County assistant district attorney who served on the Kansas DUI Commission, which helped craft the legislation. Douglas County Sheriff Ken McGovern also served on the commission.

Kansas had lagged behind the country in reducing alcohol-related fatalities, seeing increases in recent years as numbers dropped across the country. Alcohol-related traffic fatalities averaged 116 a year between 2000 and 2010 in the state.

Kansas drivers with a DUI conviction now must install an ignition interlock — which requires drivers to blow into a device to show their blood-alcohol level is under .04, half the legal limit — before their vehicle will start.

Under the new law, first-time DUI offenders must use an ignition interlock for a year; drivers with multiple DUI convictions must use it longer.

Kansas joined 14 others states in enacting a first-time offender ignition interlock law. Most states have some form of ignition interlock law, but some only apply to repeat DUI offenders.

Pete Bodyk, traffic safety manager for KDOT, was also on the commission, and cautioned that the preliminary numbers will probably go up some, but he still expects the data to show a significant decline in fatalities since the law was enacted.

While there’s no way to know for sure if the drop in alcohol-related fatalities was a direct result of the new law, Bodyk said “that’s the only thing that’s new. ... Hopefully we’ll see a trend.”