The Movement to Lower the DUI BAC Limit in the U.S.

In late 2018, Utah became the first state in the United States to lower its drunk-driving limit from a blood-alcohol content (BAC) of .08 to .05. This bold move has sparked a significant debate and a movement across the country to adopt similar legislation. The results from Utah have been compelling, and they provide a strong case for other states considering this change.

The Impact in Utah

A year after Utah implemented the .05 BAC limit, the National Highway Traffic Safety Administration (NHTSA) reported a nearly 12% drop in fatal car crashes in the state. This reduction was surprising even to experts. James Fell, a principal research scientist at NORC at the University of Chicago, noted, "Believe me, I never thought we would see a significant effect in Utah." He added that Utah already had one of the lowest impaired driving rates in the United States, which makes the results even more remarkable.

The Science Behind a Lower BAC Limit

Experts have long supported a lower BAC limit based on substantial scientific evidence. Multiple studies have shown that both sustained attention and multitasking abilities are impaired at a BAC of .05. A 2017 analysis by James Fell estimated that lowering the legal limit nationally to .05 could reduce alcohol-related fatal crashes by 11%. Research indicates that individuals with a BAC of .05 have a 38% higher risk of being involved in a car crash compared to those with no alcohol in their system, according to a NTSB study. At .08, the risk grows to 169% (NHTSA)

International Context and U.S. Adoption

Internationally, the United States is an outlier with its .08 BAC limit. Over 50 countries, including Australia, France, and Thailand, have a BAC limit of .05, while more than 30 others have even lower limits. Given the rise in drunk-driving deaths in the U.S. (about 33% between 2019 and 2022), several states, including New York, Washington, Hawaii, and Connecticut, are now considering lowering their BAC limits to .05.

Thomas Chapman of the National Transportation Safety Board (NTSB) highlighted the urgency, stating, “We’re losing, on the highways these days, more than 13,000 people a year.” In 2022, drunk-driving accidents accounted for 32% of all traffic fatalities.

Opposition and Economic Impact

One of the main opponents of lowering the BAC limit is the hospitality industry, which argues that a .05 limit could hurt restaurants and bars by discouraging patrons from having a drink with their meals. However, the experience in Utah suggests otherwise. The NHTSA found no negative impact on alcohol sales, tax revenues, or tourism in the state following the implementation of the .05 limit. Instead of drinking less, people in Utah were more likely to find alternative ways home, such as using rideshare services.

A Case for Change

The data from Utah provides strong evidence that lowering the BAC limit to .05 can save lives without hurting the economy. The success of Utah’s law serves as a model for other states considering similar legislation. The support from various safety organizations, including the NTSB, the National Safety Council, and advocacy groups like Mothers Against Drunk Driving, further underscores the potential benefits of this change.

As more states contemplate lowering their BAC limits, the ultimate goal remains clear: reducing the number of drunk-driving fatalities and making the roads safer for everyone. The experience of Utah shows that with careful implementation and public education, a lower BAC limit can be an effective tool in achieving this goal.

How A Lower Limit Could Have Unintended Consequences

Although there could seemingly be benefits to lowering the legal limit for DUI, it could create consequences that make the change counterproductive. Lowering the DUI limit could increase the number of DUI arrests, thereby straining the legal and judicial systems. Courts, probation departments, and law enforcement agencies may become overwhelmed with the additional caseloads. This could divert resources from addressing more serious crimes and reduce the efficiency of the legal system. Some may argue that this is a good use of resources but there is mixed evidence regarding the effectiveness of lowering BAC limits on improving road safety. Some studies suggest that significant safety improvements come from targeting high BAC offenders and habitual drunk drivers rather than lowering the limit for occasional drinkers. For example, a study by Wagenaar et al. found that lowering the BAC limit to 0.05% had minimal impact on traffic fatalities in some regions. There are also other studies indicating that the majority of alcohol-related accidents involve drivers with significantly higher blood alcohol concentration (BAC) levels. For instance, a study by the National Highway Traffic Safety Administration (NHTSA) found that most fatal crashes involve drivers with a BAC of 0.15 or higher with the average being 0.17, well above the current legal limit.

There is no guarantee that, if put into effect, new DUI legal limit policies would affect the anticipated response. Lowering the BAC limit may face significant public resistance, potentially leading to lower compliance rates and respect for DUI laws. Public education and perception play critical roles in the effectiveness of such policies. If people view the lower limit as unreasonable or unnecessary, they may be less likely to comply, which can undermine the policy's overall effectiveness. There is a risk of other unintended consequences, such as people choosing to drive without drinking at all but then engaging in other risky behaviors to compensate, such as driving while overly tired or using other substances that are harder to detect. These behaviors might not be as easily regulated or enforced compared to alcohol consumption

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Disclaimer

The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.