Study: Even under the legal limit, intoxicated drivers may risk accident

March 07, 2014

According to a new study recently published in the journal Injury Prevention, drivers registering well under the legal limit for alcohol consumption - with blood-alcohol content (BAC) measurements as low as 0.01 percent - are considerably more likely to be at fault when involved in car accidents with sober drivers.

Even though this particular study builds on previous "buzzed driving" research, it is the first of its kind in regards to scale. In fact, researchers involved in the study examined data from more than 570,000 car accidents between 1994 and 2011.

And, while it may seem axiomatic at first glance to suggest that impaired drivers are more likely to be at fault for accidents, many may be surprised to learn that even small amounts of alcohol consumption can lead to a greater chance of blame. For instance, researchers involved in the recent study found that drivers with a BAC of a mere 0.01 percent - about half a 12-ounce beer for an adult male - were 46 percent more likely to be attributed sole fault for a car collision than a sober driver.

Is it "safe" to drive with a BAC below 0.08 percent?

In a recent Reuters report, the lead author of the study, sociologist David Phillips, made note that there is "nothing magical" about the current drunk driving limit of 0.08 percent. For example, no research suggests that there is a great decline in driver ability or capacity from 0.07 and 0.08 percent. In fact, several studies indicate that the driving capacity of even experienced drinkers may begin to deteriorate around 0.05 percent.

Interestingly, most states, including Louisiana, do not require drivers to have a BAC of 0.08 percent in order to be guilty of drunk driving. Indeed, Louisiana law expressly states that the crime of operating a vehicle while intoxicated includes drivers with a BAC of 0.08 percent (or higher), or drivers simply "under the influence of alcoholic beverages." Under the second option, no preset BAC limit is necessary before a driver can be found guilty of drunk driving. In several circumstances, Louisiana courts have recognized that breath or blood tests are not even needed to secure a drunk driving conviction, although these tests often make a conviction much easier to obtain.

However, as the recent "buzzed driving" study makes perfectly clear, a driver may still be found at fault for a resulting car accident although he or she has a BAC significantly lower than 0.08 percent. Furthermore, even if officials elect not to pursue criminal charges against a driver with a BAC below 0.08 percent, victims of an impaired driving car accident may still be able often hold the driver accountable for damages in Louisiana civil court.

Accordingly, if a driver who consumed alcohol before getting behind the wheel has injured you or a loved one, it is typically best to seek the counsel of an experienced drunk driving car accident attorney to learn what your right and options may be. A knowledgeable attorney can assist in reviewing the circumstances of your accident and help protect your rights.

Article provided by Law Office of John W. Redmann, L.L.C.
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