Safety agency recommends lower alcohol limit for DUI charges

June 04, 2013

Safety agency recommends lower alcohol limit for DUI charges

Article provided by Law Office of Jay C. Whittle
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The National Transportation Safety Board issued a controversial recommendation recently, suggesting that states should dramatically lower the blood alcohol content threshold at which motorists can be convicted of driving while intoxicated. The NTSB recommends that states reduce the legal BAC limit to 0.05 from the current limit of 0.08. Reaction to the suggestion has been mixed, however, and some experts predict that the change is unlikely to occur.

Changing the BAC limit is a slow process

The NTSB has no inherent lawmaking power, so any changes to the DUIthreshold must occur on a state-by-state basis. If history is any indicator, the recommendations are likely to be adopted by states at a snail's pace, if at all.

Reducing the DUI threshold from its previous limit of 0.10 to the current limit of 0.08 was a change that took more than twenty years; the first states to make the transition did so in the 1980s, with the last state lowering its limit less than a decade ago in 2004. Pennsylvania was among the last states to make that switch, adopting the 0.08 limit in 2003.

Recommendation draws mixed opinions

In the past, the Pittsburgh Post-Gazette reported, many people opposed lowering the DUI threshold because of concerns that it would penalize those who consume alcohol in moderation while doing nothing to limit the number of highly intoxicated drivers on the road. Critics have raised similar concerns in response to the NTSB's renewed call for lower BAC limits.

According to the U.S. Department of Transportation, seven out of 10 impaired driving fatalities involve at least one driver with a BAC of 0.15 or higher. In 2010, the most frequent BAC level registered by drivers involved in alcohol-related fatalities was 0.18 -- more than twice the legal limit. In contrast, only four percent of fatal accidents involved drivers with BACs of 0.01 to 0.07, according to DOT data.

By lowering the threshold for DUI conviction to the recommended 0.05 BAC, some critics fear that drivers could be penalized for responsible consumption of alcohol, such as having a glass of wine with dinner. Furthermore, opponents of the proposed change say, drivers may have more difficulty recognizing when they are over the limit at 0.05, since some individuals may not feel any noticeable effects at that level of alcohol consumption.

While a number of different factors can affect BAC levels, a 120-pound woman could potentially reach a BAC of 0.05 after just one drink, the Wall Street Journal reported, while a man weighing 160 pounds could reach the same limit after two or three drinks.

Pennsylvania DUI law

Pennsylvania law currently sets the legal limit for intoxication at a BAC of 0.08, but many drivers are unaware that it is already possible to be convicted of DUI with a BAC as low as 0.05 if there is other evidence of impairment. Drivers facing charges for impaired driving in Pennsylvania should speak with a knowledgeable DUI defense attorney for help defending against the charges and protecting their rights.