NTSB recommendation to lower BAC to .05 met with stringent pushback

June 04, 2013

A startling recommendation by the National Transportation Safety Board, the federal government agency in charge of investigating transportation accidents, has gained widespread attention among U.S. drivers. Earlier this month, the board recommended that states use a .05 BAC threshold for DUI, down from the current .08 BAC measurement implemented by all 50 states.

Reasons behind the proposal

The obvious reason behind the push is drunk driving prevention. The agency indicates that thousands of lives are lost every year as a result of DUI. As alleged proof, they cite an Insurance Institute for Highway Safety study that estimates approximately 7,000 lives would be saved if drivers on the road had a .05 BAC or less.

Additionally, the NTSB points to a report that shows 100 countries across the globe currently have a .05 BAC in place.

Pushback

However, opponents of the bill argue that this recommendation is way too stringent. Many say that there is simply not enough proof that implementation of the new rule will decrease drunk driving accidents, other than the study by the IIHS.

They argue that the rule is just another way to increase revenue to state and local municipalities because it would likely mean more DUIs. They point to a prior initiative coincidentally with a similar motive.

Previously, the NTSB put forth a recommendation that states require all individuals convicted of DUI install an interlock device on their vehicles--a costly expense for offenders that increases revenue for local governments. A typical IID can cost up to $100 per device plus a monthly maintenance fee.

Economic harm

Additionally, opponents argue that the proposal will likely be seriously detrimental to local businesses. For instance, if the limit were lowered, people of legal age wouldn't even be able to have a glass of wine or drink with their meal while eating out at a restaurant.

Typically a female weighing less than 120 lbs would only be able to physically handle one drink before meeting the .05 threshold; a male weighing 160 lbs would be able to handle two drinks before having a .05 BAC. (A drink is classified as a 12-ounce can of beer, a 4 ounce glass of wine or a 1 ounce shot of 80-proof liquor.)

Because of the inability to drink alcohol outside the home setting, serious economic effects on the food and beverage industry could result. Restaurants that count on much of their revenue from alcohol would suffer. Sports bars too would probably go out of business--patrons aren't likely to sit for hours drinking soda as they watch their favorite sporting event.

The agency agrees that the push would likely result in responsible adults no longer able to have a drink with their dinner, but still insists on the change.

The likelihood for change

According to Jonathan Adkins, a representative with the Governors Highway Safety Associations, the recommendation is unlikely to be put forth. Getting states to implement the .08 was hard enough, he says.

In addition, organizations like Mothers Against Drunk Driving, or MADD, aren't on board either. MADD has publically announced that it refuses to endorse the proposal.

For now, the .08 BAC will stand.

Article provided by Greg S. Law, PLLC
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