Breath Test Devices that Shut off the Ignition if the Driver’s Breath Shows Alcohol Above the Legal Limits

Hawaii is considering a law whereby drivers convicted of DUI will have to pay for the installation and monitoring of breath test devices in their vehicles.  The devices work by shutting off the ignition if the driver’s breath generates an alcohol reading over the legal limit.

These devices cost $150 to install and $75 per month to monitor.

I have no issue with any tactic that can take drunk drivers off the road, although I can certainly envision scenarios whereby a driver will be inconvenienced if the device malfunctions.   My question – will accident victims and/or drunk drivers themselves – have any recourse against the breath test manufacturer if the device fails to stop an intoxicated driver from starting his car?

Hawaii leads the nation in the percentage of traffic deaths involving drunk driving (52% of total highway deaths).