The blood alcohol content (BAC) per se limit in 49 states is .08. In 2018, the limit was lowered in Utah to.05. The following year, NHTSA reported that fatal car crashes dropped within the state by 20%.
Most nations have a BAC limit lower than the United States. Approximately 50 nations adhere to the .05 standard but in 30 other nations the limit is lower.
Drunk driving crashes make up about one third of all traffic fatalities on an annual basis in America. That is more than 13,000 per year typically.
The .08 limit was forced on the states by Congress in 2002 when the receipt of federal highway funds was linked to that level or below. Most states held to a .10 BAC rule before that time.
Evidence suggests that cognitive function requiring attention and multi-tasking is impaired at .05 for most people.
Testing reflects that consuming two-three drinks in two hours will result in a BAC of .05 for most people. A “drink” is defined a 12-ounce beer with 5% alcohol content, one glass of wine or 1.5 ounces of 90 proof liquor.
Evidence suggests that people may not drink less when the limit is lowered but that they are more likely to arrange for a designated driver. Therefore, the lower standard is likely to deter drinking and driving according to experts like James Fell, a researcher at the University of Chicago.
Lowering the BAC limit is one of the highest priorities of the National Transportation Safety Board. One analysis estimates that by lowering the legal limit to .05, there would be an 11% reduction in annual fatal crashes which would save about 1700 lives per year. Several states are considering such a reduction in the BAC limit.
The main opponent to the idea is the organized hospitality industry which believes that a reduction would cut into alcohol sales in restaurants and bars.
Lower BAC levels matter. Alcohol in the blood decreases driving skill. A .05 BAC is not “safe”, but it is less dangerous than a .08 BAC. It will save lives.
Tennessee Judicial Outreach Liaison
Judge Donald E. Parish
Phone: 731-225-6386
Email: donaldparish1@yahoo.com
This project is funded through a grant provided by the Tennessee Highway Safety Office.