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Apple Bans DUI App

After careful evaluation, Apple partially ceded to pressure by Senators Chuck Schumer and Harry Reid last month to ban future DUI applications from its App Store. News reports confirm that Apple has just updated its App Store Review Guidelines to explicitly ban apps for the IOS-based devices. The new guidelines have recently been published under Section 22.8 of the updated guidelines and state, "Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected." This development follows calls from several U.S. senators to eliminate apps from their mobile devices which could help drivers evade the police. This request was made by the senators to Apple, Google and RIM. Google and RIM have failed to make any changes to their guidelines. Keep in mind that this ban only applies to checkpoints which are not published by the state law enforcement agencies. Some states, such as California, require that DUI checkpoints to be published to the public in advance of their implementation. Proponents of the ban state that the apps allow drunken drivers to drive under the influence of alcohol or drugs, while avoiding any legal ramifications of their risky, dangerous and illegal driving actions. Opponents of the ban note that DUI checkpoints (including the date and time of the checkpoint) are already published by state mandate in some states. Opponents also note that not only should developers be allowed to create products without undue governmental regulation, but there is also a need to balance free speech rights with public safety. Many question whether Google will update their own requirements as requested by the senators. Google, by continuing to offer DUI checkpoint apps, is well within the law. We will have to wait and see whether Google decides to follow Apple’s lead or if they will push the argument that they have the right and obligation to protect commercial speech under the First Amendment. If the apps become illegal, we will also have to wait and see whether Google or Apple will be willing to spend the time and money to force their issue by challenging the issue in court.

Penalties for DUI

It is illegal in every state to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher. Driving under the influence has very serious consequences which can include: alcohol education courses, high fines and DUI penalties, probation, jail time, high insurance costs, and mandatory installation of an ignition interlock device. If you are arrested for DUI, do not try to take matters into your own hands. Contact a DUI lawyer who understands DUI laws for help. Failure to successfully fight your DUI charge may result in devastating consequences for your life. DUI lawyers can also help victims who have been injured by a DUI driver. If you have been injured from the poor decisions of another driver, you may be able to recover compensation for your wage loss, medical expenses, and pain and suffering.