Thats a pretty snarky thing to say about Apple. They were arguably the pioneers in OS UX... granted, its not the end all, be all, but still. You could do worse.
I'm curious if this issue would be as contentious if we had a single payer health care system? It strikes me that one of the major issues with this kind of employment is little access to health care.
I think a lot of folks here are aware of what a double-edged sword this could be. Getting impaired drivers off the road is a worthy goal, but these kinds of tools have had devastating consequences when misused by authority. Accuracy is also a major component here, and I believe all parties have acknowledged how challenging that problem is.
When you say "Neilsen is wrong", you really need to back that up. The Neilsen/Norman group conducts empirical studies and has a fair amount of transparency about their work. Most of the "professional" web designers I've worked with tend to favor their design over the user's needs. I would agree that Neilsen advice falls into the conservative design camp more then I appreciate, but at the very least he has actual metrics and user testing to draw his conclusions on. Having been in multiple user testing sessions and seen many a fancy design go down in flames of user confusion, I'll believe that "usability is nothing more then another tool in the designers toolbox" when I see it applied more consistently.