In November 2021, President Biden signed the Infrastructure Investment and Jobs Act into law. The bill ran 2,702 pages. Buried on page 1,083 was Section 24220, titled “Advanced Impaired Driving Technology.” It requires a passive surveillance system in every new car sold in America — one with authority to stop drivers from operating their own vehicles.
Section 24220 directed the Department of Transportation to issue a final safety standard requiring all new passenger vehicles to be equipped with passive impaired driving detection technology. The law defines the system as one that either monitors driver performance and prevents or limits vehicle operation when it detects impairment, or passively measures blood alcohol concentration at or above 0.08 grams per deciliter and stops the car if the limit is exceeded — or both. The mandate covers every passenger vehicle sold in the United States with no opt-out provision for buyers.
NHTSA was given three years from enactment to issue the rule. That deadline was November 2024. NHTSA missed it.
In February 2026, NHTSA submitted its latest required annual report to Congress. The agency stated that no commercially available technology exists that can passively and accurately detect driver alcohol impairment for use in production vehicles. The report noted that even at 99.9 percent detection accuracy — a threshold no current system approaches — the math produces millions to tens of millions of false positives each year across the estimated 227 billion annual driving trips in the United States. Sober drivers would have their cars disabled or restricted. NHTSA acknowledged it is not aware of any technology independently verified to come close to that accuracy level.
The agency’s own 2024 research reviewed breath sensors, touch-based tissue spectroscopy sensors, and camera-based driver monitoring systems. Most technologies reviewed were in early research and development stages or were not designed for in-vehicle use. Industry experts told the agency no existing technology has demonstrated the confidence and reliability needed to support a regulatory requirement, particularly one that restricts vehicle operation.
Section 24220 includes an extension provision. If NHTSA determines its standards cannot meet the requirements of the National Traffic and Motor Vehicle Safety Act, it can extend the rulemaking deadline by three years. The annual reporting obligation to Congress continues until a final rule is issued. The mandate itself does not expire.
That structure closes the courthouse door on opponents. Under the Administrative Procedure Act, courts can only review a final agency action. NHTSA has published an Advance Notice of Proposed Rulemaking — a request for public comment, not a rule. With no final rule, there is no concrete government action for a court to evaluate. The ripeness doctrine bars any legal challenge until the agency acts. Over 3,000 public comments were submitted in response to the January 2024 notice. NHTSA stated in February 2026 it continues to evaluate them.
Congress had a direct opportunity to act. On January 22, 2026, Representative Thomas Massie of Kentucky introduced an amendment to the Consolidated Appropriations Act, H.R. 7148, that would have prohibited any federal funds from being used to implement Section 24220. The amendment failed 164 to 268. According to the House Clerk’s roll call record, 160 Republicans and four Democrats voted for defunding. Fifty-seven Republicans joined 211 Democrats in opposition. Separate repeal legislation — H.R. 1137, the No Kill Switches in Cars Act, introduced by Representative Scott Perry of Pennsylvania — remains stalled in the Committee on Energy and Commerce.
NHTSA has not provided a timeline for issuing a final rule. The February 2026 report to Congress listed no target date and identified unresolved issues including technology readiness, test procedure development, consumer acceptance, cybersecurity, and privacy. Once a final rule is eventually published, manufacturers receive a compliance window before the standard takes effect on new vehicles. Realistic implementation sits in the early 2030s at the earliest.
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