Your Future Car Will Decide If You Can Drive

What's coming to your car

Tucked into the 2,702-page Infrastructure Investment and Jobs Act that President Biden signed in November 2021 was a provision that few Americans noticed. Section 24220 requires NHTSA to issue safety standards mandating "advanced drunk and impaired driving prevention technology" in all new passenger vehicles.

The law gave NHTSA until November 15, 2024 to finalize rules. Automakers must comply 2 to 3 years after the final rule is issued. No final rule has been issued, so no compliance date has been set.

The technology involves two main approaches being developed through DADSS (the Driver Alcohol Detection System for Safety program), a 16-year public-private partnership between NHTSA and automakers:

• Breath-based systems: Sensors in the steering column passively measure alcohol in your breath as you breathe normally. The system is designed to distinguish between driver and passenger breath.
• Touch-based systems: Infrared sensors in the start button or steering wheel measure blood alcohol through your skin.

But the law doesn't stop at alcohol. It also mandates systems to detect "driver impairment," which means infrared cameras mounted on steering columns or A-pillars tracking your eye movement, pupil dilation, and drowsiness patterns.

If the AI decides you're impaired (whether from alcohol, fatigue, or distraction), your car can:

• Prevent ignition entirely
• Limit vehicle speed
• Alert you and pull over safely

The safety case

MADD (Mothers Against Drunk Driving) has pushed for this mandate for years. Their argument is straightforward: drunk driving kills over 10,000 Americans annually. The Insurance Institute for Highway Safety estimates these systems could eliminate those deaths.

That's not nothing. 10,000 lives is a lot of lives.

But the surveillance apparatus being built goes far beyond detecting 0.08% blood alcohol.

The surveillance you're actually getting

The law itself doesn't mandate data sharing. But nothing prevents it either.

Car manufacturers already collect enormous amounts of data. According to a February 2026 CNN investigation, 90% of new cars track your driving every 3 seconds, monitoring speed, braking, phone use, and exact location. That comes on top of the external tracking from license plate reader networks like Flock. Automakers pocket up to $100 per vehicle annually selling this data to companies like LexisNexis, who package it for insurance companies.

Here's what happens next:

• Insurance consequences: Only 31% of drivers in telematics programs actually save money. Meanwhile, 24% face higher premiums. Coverage denials stick around for 3-5 years.
• Data broker sales: Your biometric data (eye movements, pupil dilation, breath patterns) becomes another product to sell through the same data broker loophole that lets the government buy what it can't legally demand. Anonymization doesn't mean much when the data is tied to your VIN.
• Over-the-air updates: These systems are software-defined. Manufacturers can expand monitoring capabilities after you've purchased the vehicle.
• Law enforcement access: Without explicit legal protections, subpoenas and warrants can compel manufacturers to hand over your impairment data, including false positives.

The FTC took action in January 2025, prohibiting General Motors and OnStar from selling driving data for five years without explicit consumer consent. But that ruling only covers GM. Every other manufacturer operates under no such restriction.

The false positive problem

Automakers themselves oppose the mandate, not on privacy grounds, but because the technology isn't ready.

Imagine: you're driving your kids to school at 7am. You slept badly. The AI decides your drowsiness pattern matches impairment. Your car limits speed to 25mph on the highway.

Or worse: you're leaving work after a long shift. The breath sensor malfunctions. Your car won't start. You're stranded in a parking lot at 11pm.

False positives aren't theoretical. Every AI-based detection system produces them. And when the consequence is losing control of your own vehicle, the stakes of "95% accuracy" become viscerally clear.

Automakers also cite cost increases of $100-500 per vehicle, passed directly to consumers.

What happens now

NHTSA missed its November 2024 deadline. Traffic safety organizations sent a letter expressing "deep disappointment" at the agency's lack of timeline. But the law remains on the books, and NHTSA is required to act.

Some new cars already carry driver-monitoring cameras. The federal requirement applies to all new passenger vehicles only 2 to 3 years after NHTSA issues a final rule, and no final rule has been issued.

There is no federal opt-out provision.

What you can do

Update (September 27, 2026): Where the NHTSA Rule Actually Stands

The headline from this article hasn't changed: the IIJA still requires NHTSA to mandate advanced drunk and impaired driving prevention technology in new passenger vehicles. The statute sets no fixed compliance date: Section 24220(d) puts compliance not earlier than 2 years and not more than 3 years after the final rule is issued, and no final rule exists yet. What has changed is the rule's actual administrative stage. According to the 2026 Unified Agenda entry for RIN 2127-AM50 (Advanced Impaired Driving Technology, DOT/NHTSA, 49 CFR 571), and the matching Spring 2025 entry, the rule remains at the Prerule Stage. No Notice of Proposed Rulemaking has been issued yet.

The current reginfo.gov timetable shows three actions: the ANPRM was published on January 5, 2024 at 89 FR 830 (the document is the Federal Register Advanced Impaired Driving Prevention Technology ANPRM); the ANPRM comment period closed on March 5, 2024; and the next listed action is "Analyzing comments on the ANPRM," dated October 2026. The legal-deadline section of the reginfo.gov entry still cites Section 24220 of the IIJA, which required a final rule by November 15, 2024. That deadline has passed without a final rule, and no new deadline has been published in the Unified Agenda.

What the systems would actually collect. The ANPRM covers three impairment classes: alcohol impairment (the DADSS breath- and touch-based sensors), drug impairment, and general driver impairment from drowsiness or distraction (the infrared camera systems tracking eye movement, pupil dilation, and head pose). The ANPRM sought comment on how NHTSA could set minimum performance requirements and a test procedure for compliance, but did not specify what data the systems must store, who they may transmit it to, or whether any of it must be deleted. Those decisions are deferred to the eventual proposed rule. Until the NPRM publishes, the only official privacy floor for in-cabin biometric monitoring is whatever the FTC, state privacy laws, and the automaker's own privacy policy already require.

What this means for the timeline. Because the compliance clock only starts when a final rule is issued, and the rule has not yet reached the proposed-rule stage, a September 2027 compliance date is no longer realistic. The rulemaking backlog, not the law, is what's slowing this down. For background on the legal mechanism and what the proposed rule is likely to require, see our Federal Car-Surveillance Mandate guide.

What you can do today. The mandate is not yet in force, but the cars you already own are already collecting driving data and sharing it through the broker layer. Our how-to-opt-out-of-car-data-collection guide walks through filing right-to-know, right-to-delete, and do-not-sell requests with 18 car brands plus the LexisNexis and Verisk broker cleanup, and the consumer-reports walkthrough linked below covers disabling telematics where the toggle exists.

The bottom line

The federal government is about to mandate that your car watch your eyes, measure your breath, and make decisions about whether you're fit to drive. The safety benefits are real. So are the privacy risks.

Without explicit federal privacy protections (which don't exist yet), your biometric data becomes another commodity in the $100-per-car surveillance economy that automakers have quietly built.

You have 18 months before this becomes mandatory. Plan accordingly.

References

1. NHTSA: Infrastructure Investment and Jobs Act Overview
2. Driver Alcohol Detection System for Safety (DADSS) Official Site
3. Federal Register: Advanced Impaired Driving Prevention Technology ANPRM
4. MADD: 10 Things to Know About the Impaired Driving Prevention Technology Provision
5. CNN: Your car could be ratting you out to your insurance company (February 2026)
6. Consumer Reports: How to Stop Your Car From Collecting and Sharing Your Driving Data
7. EFF: How to Figure Out What Your Car Knows About You
8. National Law Review: Privacy Regulation of Auto Industry to Accelerate in 2026
9. MADD: Traffic Safety Organizations Express Disappointment at NHTSA Progress
10. Reginfo.gov: DOT/NHTSA Advanced Impaired Driving Technology (RIN 2127-AM50), 2026 Unified Agenda entry. Primary source confirming current Prerule Stage, ANPRM date 01/05/2024 (89 FR 830), comment period closed 03/05/2024, next action "Analyzing comments on the ANPRM" 10/00/2026, and Section 24220 IIJA legal deadline of 11/15/2024.
11. Reginfo.gov: RIN 2127-AM50, Spring 2025 Unified Agenda entry. Confirms the Prerule Stage persisted from Spring 2025 into the 2026 agenda with no NPRM published.