Buying or selling tools designed to break the law is already illegal - trivial or not. If a driver gets a DUI and possess a NOOP interlock, they are getting an additional charge, and get to help am investigation into the illicit device supply chain.
I'm curious how this will play out. The "John Deer" exemption from the DMCA comes to mind, not sure if it's strictly for farm equipment or still in effect.
NHTSA was directed to write some guidelines/rules around the implementation of passive impairment detection as OEM features. They have yet to do so, probably because it is flaky technology.
My guess is that the final rule implementation will be similar to the distracted driver detection that is already in many new vehicles.
I might be wrong on that assumption - I don’t drink, myself.