NHTSA to stop using clandestine sampling in DUI study without driver consent

March 13, 2014
The National Highway Traffic Safety Administration has reportedly modified its ongoing impaired-driving study methods amid concerns over civil liberties.

The National Roadside Survey of Alcohol and Drugged Driving, conducted in cities throughout the US, involves officers and NHTSA contractors who set up roadblocks and randomly select drivers to question and test for intoxication and substance intake.

The survey is claimed to be voluntary and anonymous, however specific practices have been interpreted as intrusive and coercive. Some drivers claim the voluntary aspect is not explicitly noted before questioning, while contractors and officers use “passive alcohol sensors” to detect alcohol on drivers’ breath from a distance — even if they decline to participate.

Some police departments have reportedly refused to participate in the studies, viewing the methods as potentially illegal. The Forth Worth Police department, which was scrutinized in a report revealing the controversial practices, later apologized to citizens for causing frustration and mistrust.

To address at least one of the concerns on a broader level, NHTSA acting administrator David Friedman has promised to stop using the passive alcohol sensors to detect breath alcohol without driver consent.

We are increasingly living in a society where people are worried about Big Brother, and government overstepping its bounds in a number of different areas, and I think we need to be sensitive to that,” said Wisconsin Rep. Tom Petri, chairman of the House Highway and Transit Subcommittee, in a hearing over the concerns.

It is unclear if the NHTSA will implement new rules for contractors and participating officers to further clarify that the program is voluntary.

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