So say many experts who have studied the U.S. (including California’s) DUI limit of 0.08 percent. The only state that has a lower limit is Utah, which has a 0.05 percent per se limit.
After Utah lowered it limit in 2018, there was a near 20 percent decrease in fatal car crashes according to the National Highway Traffic Safety Administration. Although this decrease in fatal car crashes in Utah continues to be widely reported, The Salt Lake Tribune reports that this trend seen from 2018 and 2019 may have been short-lived. There has been a slight upward trend in Utah road fatalities since, but this may be attributable to a number of factors—then again, so might the decrease seen in 2018 and 2019.
Nevertheless, there is evidence also that some Utah drivers have adjusted their behavior since the enactment of the lower DUI limit. In a focus group conducted by the Utah Department of Public Safety, 22 percent of drivers who drink said they now look for alternative ways to get home after drinking, rather than driving themselves.
Back in 1980s, the per se blood alcohol content (BAC) limit in the U.S. was 0.10 percent. Utah was the first state to lower that limit to 0.08%. The rest of the country soon followed. California lowered the limit to 0.08 percent in 1990. There is a push anew to lower the 0.08 percent limit to follow Utah lead. The National Transportation Safety Administration and other agencies are pushing for lowering the BAC limit, estimating that such a reduction in all states would save 1,500 lives nationwide.
Although a bill was introduced in the California Assembly in 2019 to lower the BAC per se limit to 0.05 percent, the bill died in committee. At present there is no pending legislation in California to lower the limit. A few states have recently considered such legislation, including New York, Washington State, Hawaii, and Connecticut. The Hawaii bill died in committee. So did the Washington bill. The New York and Connecticut bills are still being considered.
Studies abound suggest that lowering the limit will reduce drunk driving accidents and fatalities. According to the University of Michigan, studies going back 50 years have shown that the relative risk of being in a vehicle crash is almost one and on-half times higher if the driver has a BAC of 0.05 percent versus being sober. And over two and half times higher if the driver has a BAC of 0.08 percent. The National Institutes of Health cites studies that show driver risk taking increases as BAC levels increase.
The National Transportation Safety Board has been pushing for a nationwide BAC limit of 0.05 percent for over ten years now. It’s in the news again, but there seems to be a good deal of legislative resistance as only New York and Connecticut are still actively considering such legislation.
Orange County DUI defense attorney William Weinberg is available for a complimentary consultation to discuss your DUI matter. Whether you were just arrested for a DUI or are already convicted and on DUI probation or at any stage in between, Mr. Weinberg can answer your questions and guide you through your best defense. Contact him at his Irvine office at 949-474-8008 or by email at bill@williamweinberg.com.