When “Impaired” isn’t “Drunk”

Guest Post by Eric Peters

You may have heard that, beginning with the 2026 model year, all new vehicles must be equipped with a system capable of detecting a putatively “impaired” driver – and disabling the vehicle, so that the “impaired” (putatively) driver cannot drive – or continue driving.

The vehicle either will not start – or it will stop.

Many people think it is a fine idea to stop “impaired” drivers. They are the same people who think it’s a fine idea to randomly stop drivers who’ve given no one any reason to suspect they might be “drunk” – and then make them prove they’re not.

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Drinking and Driving vs. Drunk Driving

Guest Post by Eric Peters

It is important to make distinctions. To know exactly what we are talking about before we “do something” about it.bullet headed Hero

For instance, drinking and driving and drunk driving. There is a distinction to be made here.

An important one.

Why on earth should it be illegal – a crime – merely to have been drinking and driving?

Emphasis on merely.

Put another way, why should it be a punishable offense to have been drinking when one’s driving can’t be faulted? Unless of course the object of the exercise is to impose a kind of low-rent Prohibition –  to punish people for drinking – this makes no sense at all.

But it does seem to be the object of the exercise.

Which is why the law increasingly package-deals the consumption of alcohol – any alcohol at all – with “drunk” driving. Those under 21 (who may not legally buy, possess or consume alcohol) can be convicted of “drunk” driving if they are found with even a single empty beer can in the car at a “sobriety checkpoint.” It does not matter whether the driver even drank the single can of beer. The presence of the empty can is sufficient.

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