The National Highway Traffic Safety Administration is prepping a potential standard for devices in new cars to prevent alcohol-related accidents and fatalities.

The agency is seeking public comment on “advanced drunk and impaired driving prevention technology” countermeasures that could be deployed in new passenger vehicles. The 60-day comment period begins when the document, an Advanced Notice of Public Rulemaking released by NHTSA on Tuesday, is published in the Federal Register.

NHTSA has submitted the notice to the Federal Register for publication, and it should be published in the coming days, the agency told USA TODAY.

The agency could issue a motor vehicle safety standard requiring such devices in 2024 as part of its mission to reduce car crashes and deaths.

Here's everything we know about the possible measure and what it could mean for drivers.

How many drunk driving deaths and accidents occur?

About 10,580 people died annually in drunk-driving crashes from 2012 to 2021, according to NHTSA. About 31% of all traffic crash fatalities in the U.S. involve drunk drivers – with blood alcohol concentration (BAC) of 0.08% or higher. In 2021, there were 13,384 people killed in drunk-driving crashes, the agency said.

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Why is NHTSA proposing a standard for devices to prevent drunk driving in cars and trucks?

Within the $1.2 trillion bipartisan infrastructure act (officially titled the Infrastructure Investment and Jobs Act), passed by Congress and signed by President Biden on Nov. 15, 2021, is a provision directing NHTSA to draft a new federal safety standard requiring drunk driving detection features in upcoming passenger models.

When Congress was prepping the massive bill, U.S. Rep. Debbie Dingell, D-Michigan and U.S. Senator Ben Ray Luján (D-N.M.), proposed the measure. Luján had been hit by a drunk driver in the past; Dingell was motivated by the tragic deaths of a Michigan family who were killed when a drunk driver hit their car head-on in January 2019.

The legislation asks NHTSA to issue a final rule no later than November 15, 2024. If the agency finds it cannot draft a viable rule, it must issue a report stating why.

What would a drunk driving prevention standard do?

It would require the use of technology in vehicles that can prevent or limit someone from driving if alcohol or alcohol-impairment is detected. That impairment could be detected by measuring the driver's blood alcohol concentration (BAC), or tracking how a driver handles the vehicle, or a combination of both measures.

Any standard also has to be “practicable,” in that the addition of the technology is economically feasible and that consumers will accept the new measures.

The infrastructure law says that NHTSA "should issue a new regulation only if it meets the requirements of the National Traffic and Motor Vehicle Safety Act, which states that a proposed standard must be reasonable, practicable, and reduce traffic crashes and associated deaths, among other factors."

What type of drunk driving prevention devices could be deployed in new cars and trucks?

NHTSA is focusing on "passive" driver alcohol detection technologies – currently being developed – with sensors to measure alcohol in the driver's skin or breath. A steering wheel or ignition switch could have a touch pad, which could use near infrared light to detect alcohol in the body.

A breath sensor could measure alcohol when the driver exhales. This detection system differs from current breathalyzer devices, which are often required for DWI offenders after their driver's licenses have been reinstated. They must blow into a tube and, if their blood alcohol level is too high, the vehicle is disabled.

How soon could we see drunk driving prevention devices in vehicles?

Actual deployment of drunk driving prevention devices could take several years. Breath-based alcohol detection prototype designs are expected to be completed in 2024, with touch-based prototypes expected in 2025. NHTSA expects it could take manufacturers at least 18 to 24 months to integrate devices into vehicles.

Experts say auto makers could begin building the technology into new vehicles in 2026 or 2027. "A current limitation of this option is the fact that NHTSA is not aware of a passive and accurate ... technology (to detect 0.08%. BAC) available for production vehicles today, and hence the timeframe for fleet implementation may be an issue," the agency says in the notice.

NHTSA is seeking comment and information about the current state of detection and impairment technologies from companies such as Toyota and Nissan, which had reportedly been developing sensors to detect alcohol-impaired drivers.

Why do some oppose drunk driving detection technology?

In the notice, NHTSA said it was aware of two things that might deter individuals from a measure:

• Misinformation related to advanced drunk and impaired driving technologies.
• Misbelief that there exists a right to drive while drunk. This has resulted in some individuals believing that possible rulemaking is pursuing a course of action that might unduly infringe upon their rights.

The NHTSA emphasized in the notice its stance that "driving is a privilege, not a right."

Contributing: Todd Spangler, Detroit Free Press, and The Associated Press

Follow Mike Snider on X and Threads: @mikesnider & mikegsnider.

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