Recently, the National Transportation Safety Board (a government organization tasked with investigating accidents and suggesting safety measures to minimize the dangers associated with travel) suggested that states reduce their current drunk driving standard to .05% Blood Alcohol Content. While the legal BAC determining when a person is too drunk to drive is set by each state individually, it is currently at .08% for adults in every state of the nation. Here is an in depth look at what a .05% BAC law would mean in California.
Why a .05% BAC Law?
The NTSB claims that over 100 countries have their own .05% BAC law or even have BACs below that (their count includes countries that have outlawed alcohol consumption entirely) and that by reducing the limit will result in fewer accidents by drunk drivers. Of course, even if states, including California, take heed of the NTSB’s suggestion, it will still be years before new laws changing the BAC limit in different states actually start taking effect, particularly as bar operators, restaurant owners and DUI lawyers in Vista and the rest of the state stand against such a strict law and would fight its passage.
What Would a .05% BAC Law Do in CA?
If .05% BAC law was passed in California though, it would have serious ramifications. The ability of an individual to know whether they are over the current limit of .08% is already complicated due to the differences in how people absorb and eliminate alcohol from their bodies. Changing the law to an .05% threshold would make anyone reluctant to have anything to drink and then to drive within an hour or two. In a notoriously vehicle-centric county like San Diego, this would mean that many drivers would presumably avoid drinking at all in order to avoid risking a DUI.
This is a complex legal area as it avoids balancing personal freedoms with public safety, but DUI attorney Peter M. Liss stands against the NTSB’s proposition as it could turn hundreds of innocent people into criminals and prevent diners everywhere from enjoying a simple glass of wine with their meal.
If you have any questions about the suggestion of the NTSB or if you have been charged with a DUI and are looking for legal representation from an experienced and knowledgeable DUI lawyer, please call Peter M. Liss at (760) 643-4050.
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