In 1954, Robert F. Borkenstein invented the breathalyzer, one of the most common law enforcement tools for determining the blood alcohol content of people driving under the influence. Six decades later, New York is considering using a similar tool to solve another major transportation safety issue – distracted driving.

New York legislators have introduced a bill that would allow police to use a device known as the ‘textalyzer’. The textalyzer would plug into phones and give police access to messaging logs to determine if drivers were texting at the time of an accident. This would bypass the need for law enforcement to receive similar data from mobile service providers.

Proponents of the bill claim police would only see messaging activity and not the personal details of text messages. Private activity would supposedly be kept confidential. Comforting assertions from proponents have not stopped influential critics from speaking out against the textalyzer possibly being used to violate Fourth Amendment rights. Attorneys with both the Electronic Frontier Foundation and the New York Civil Liberties Union have expressed skepticism the device will not be abused by law enforcement.

Will the Textalyzer Discourage Distracted Driving in Colorado and Wyoming?

At the moment, it would be speculation to suggest similar laws could pass in Colorado or Wyoming. If the textalyzer becomes a widespread success in New York and is not shut down by litigation, it is possible other states could adopt similar laws.

Legal channels already exist for determining whether drivers were texting or using apps at the time of an accident. In fact, we discussed this concept in a blog only a few weeks ago.

Distracted driving accidents kill hundreds of people every year and cause catastrophic injuries for thousands of survivors. Even if the textalyzer never leaves beyond the borders of New York, we can say with absolute certainty that states will continue developing solutions to put an end to distracted driving accidents.

The Wyoming and Colorado personal injury attorneys at Metier Law Firm are dedicated to holding distracted drivers accountable for accidents.