The federal government is moving closer to giving your car the authority to decide whether you are allowed to drive — without a warrant, without due process, and with no guaranteed way to reverse the decision once it is made.

This did not happen quietly by accident. It was passed into law under the Biden administration’s 2021 Infrastructure Investment and Jobs Act, buried deep in Section 24220, a provision few lawmakers publicly debated but one that now threatens to fundamentally change the relationship between Americans and their vehicles.

Section 24220 directs the National Highway Traffic Safety Administration to mandate “advanced impaired-driving prevention technology” in all new passenger vehicles.

In plain terms, it requires systems that monitor drivers and can prevent a vehicle from operating if impairment is suspected.

No breath test is required. No police officer is involved. The judgment is made by software.

Once flagged, the vehicle can refuse to start or restrict operation — and here is the critical issue: there are no federal rules defining how a driver gets out of that lockout. No required appeal process. No mandated reset timeline. No human review. Drivers are placed into what critics now call “kill switch jail”, with no clear exit.

This is not targeted enforcement. It applies to every driver, every time, regardless of driving history.

That alone should raise constitutional alarms.

Drunk driving laws already exist, and they work. Ignition interlock devices have long been required for convicted offenders, and there are 31 approved interlock systems currently in use nationwide.

These systems require a breath sample and are imposed only after due process. Section 24220 ignores that proven approach and instead punishes all drivers preemptively, even those who do not drink at all.

Under the mandate, automakers can choose from a range of technologies to comply. These include driver-facing cameras tracking eye movement and head position, software analyzing steering and lane-keeping behavior, or touch-based alcohol sensors embedded in the steering wheel or start button.

None of these systems determine guilt. They calculate probability — and then deny access.

False positives are inevitable. Fatigue, prescription medications, medical conditions such as diabetes, neurological disorders, or even stress can trigger impairment alerts.

Shift workers, caregivers, parents, and first responders are particularly vulnerable. When the system is wrong, the consequences are immediate — and the driver has no guaranteed recourse.

This is not a safety feature that activates during a crash. It is a preemptive denial of mobility, imposed by a government-mandated algorithm.

Despite mounting concerns, Congress has repeatedly refused to stop it. In January 2026, an amendment offered by Representative Thomas Massie of Kentucky to block funding for NHTSA’s implementation of Section 24220 was defeated.

While many House Republicans and Democrats voted against it, numerous lawmakers who initially opposed the concept were persuaded — or misled — into supporting the funding, allowing the mandate to move forward.

Representative Tim Burchett of Tennessee was also very upset about the support to keep this bill funded. Consumers are speaking out that they won’t buy new cars, this could be a negative impact to the auto industry and increase the cost of used cars.

That is why defunding Section 24220 is now the only meaningful way to stop this program.

Supporters argue the technology does not allow government agents or police to remotely shut down vehicles.

While technically true today, the mandate still requires continuous driver monitoring, and once that hardware becomes standard across the vehicle fleet, expanding its use becomes a political decision — not a technical limitation.

Privacy and cybersecurity risks compound the problem. Systems capable of denying vehicle operation must meet extraordinarily high standards of accuracy and protection. Those standards have not been proven at national scale.

A hacked or malfunctioning system could strand drivers in dangerous situations, during extreme weather, medical emergencies, or remote travel.

Cost is another unavoidable consequence. Vehicles are already becoming unaffordable for many Americans. Adding cameras, sensors, software, and compliance infrastructure will only accelerate price increases and shrink consumer choice.

Drivers who want simpler, more reliable vehicles will have fewer options — because mandates leave no room for opting out.

Proponents compare this mandate to seatbelts and airbags. That analogy fails. Seatbelts do not prevent you from driving. Airbags deploy after an accident.

This system intervenes before any wrongdoing occurs, based on assumptions rather than certainty, and enforces compliance by denying access altogether.

Efforts to repeal Section 24220 outright, including the No Kill Switches in Cars Act, remain stalled. Without immediate and sustained pressure, this mandate will quietly become standard equipment in new vehicles beginning with the 2026 model year.

This is not about defending drunk driving. It is about stopping a government overreach that treats every driver as a suspect and hands control of personal mobility to software.

If Americans want to prevent this future, Section 24220 must be defunded — before “kill switch jail” becomes the default setting in the next generation of cars.

Now more than ever is the time to contact your elected senators and representatives and demand they defund Section 24-220. Some want control, we want freedom.

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Lauren Fix is an automotive expert and journalist covering industry trends, policy changes, and their impact on drivers nationwide. Follow her on X @LaurenFix for the latest car news and insights.