Statistics show it lowers the number of drunk drivers and deaths.
A bill that would lower the legal BAC-Blood Alcohol Content to .05% from .08% was passed by the Hawaii State Senate this past year and is now being considered by the lower house. It follows a similar bill in Washington State, which is currently in committee, while Utah has already adopted the lower limit.
In every other state, drivers pulled over by police cannot exceed a reading of .08% blood alcohol level when tested, either by being breathalyzed or giving a blood or urine sample.
All states including New York and DC also now have zero tolerance laws: the license of anyone under 21 driving with any detectable alcohol in their bloodstream (BAC limits of .01% or .02% apply in some states, such as Florida) will be suspended. In 2009, Puerto Rico joined these states, setting a limit of .02 for drivers under 21, despite maintaining a legal drinking age of 18.
Many European countries have had the lower BAC for decades, including Britain at .05% and France, while Canada provinces vary BAC between .04-–.08% determined by body mass.
Some countries do not allow drinking and driving at all, such as Libya or Tanzania, while still other have no limit whatsoever in Togo, Comoros, Gambia and Niger.
Will New York State join the federal push for .05% and how do law local enforcement agencies feel about the move?
Newark Police Chief Rich Martin stated: "As with anything, I try to make decisions based on research and data. Data to date shows that lowering the BAC for a DWI from 0.08 to 0.05 would reduce alcohol related crashes and thus reduce the number of injuries and fatalities. A 2013 study from NTSB showed we could expect “5.0% decline in nonfatal alcohol-related crashes, a 9.2% decline in fatal alcohol-related crashes from lowering the BAC to 0.08, and an 11.1% decline in fatal alcohol-related crashes from lowering the BAC to 0.05 or lower. A subsequent study of actual crash data in Utah in 2017 after Utah did lower the legal limit to 005%BAC showed real decreases that the 2013. So, I would have to say that, from a public safety perspective, lowering the legal BAC limit would be a good idea."
The New York Assembly has been bantering a proposal to lower the BAC limit from .08% to .05%. Over the past several years State Assembly Transportation Committee has held hearings with experts and witnesses to discuss the legislation.
In addition to the BAC limit, they also spoke about legislation aimed at altering the definition of "drug" when it comes to vehicle and traffic law, aiming to include any substance or combination of substances that impair an individual.
The decrease from .08 to .05 BAC as the legal limit would mean one less drink for most men and women, though alcohol has a different effect on different individuals based on a variety of factors.
Pushers for the decrease in the BAC are coming from the National Highway Traffic Safety Administration. On their website they point out that: "About 32% of all traffic crash fatalities in the United States involve drunk drivers (with BACs of .08 g/dL or higher). In 2022, there were 13,524 people killed in these preventable crashes. In fact, on average over the 10-year period from 2013-2022, about 11,000 people died every year in drunk-driving crashes.
In every state, it’s illegal to drive drunk, yet one person was killed in a drunk-driving crash every 39 minutes in the United States in 2022."
The has some clout when it comes to pressuring state NHTSA’s Office of Regional Operations and Program Delivery (ROPD) administers over $500 million in grant programs annually to the 50 States
Another national organization to lower BAC levels comes from MADD (Mothers Against Drunk Driving)
Through through court monitoring, MADD identifies inconsistencies in how drunk driving cases are handled. They also pressure state politicians by lobbying heavily against drunk and impaired driving.
Some legislators have been queasy about lowing the BAC level due to pressures. Business owners argue that lowering the legal limit is overkill and could harm businesses selling alcohol. They argue that some people may reach a 0.05% BAC after drinking as little as a single glass of wine. However, data from the West Virginia Alcohol Beverage Control Administration suggests that except for adults weighing less than 100 pounds, most people could have 1-2 drinks without hitting this level.
Continued in Page A10 in our Print Edition
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