.05 BAC limit proposal
Yes, you read that correctly. The National Traffic Safety Board (NTSB) is pushing for all the states to pass legislation that would ultimately lower the legal limit of alcohol while driving to a .05. Currently, the law per VC 23152(b) sets the per se law at .08 BAC or higher.
Their stated purpose of this proposal is to be more proactive in reducing the amount of traffic collisions. Apparently their studies indicate that by lowering the BAC level to .05, it would reduce the amount of traffic related deaths by 500 to 800 deaths per year.
Of course I believe in taking steps to reduce the amount of casualties per year based on traffic accidents. I do feel though that given the issues with Officer investigations not being done properly, and issues with breath machines and potentially blood samples, the number of people who are sober that are being brought up on charges will also increase. There is more information about this proposal here: Proposal to lower BAC legal limit to .o5
Health issues, errors made by officers in DUI investigations, issues with breath machine accuracy, and fermentation in blood results are just some factors that can effect the reliability of BAC results and police reports as a whole. Those inaccurate issues can then lead to convictions of otherwise innocent people.
Although no system is perfect…unfortunately, until the science behind the breath and blood machine gets to be perfect, I think lowering the BAC level to .05 is not the proper action to take.
This is not the first time that this idea has been brought up. Government employees have been testifying for years that they feel people are intoxicated at a .05 or higher. Often these same government employees refuse to acknowledge forensic science articles that expose issues with breath machines, etc., that show that there is reasonable doubt as to the results in question.
For now, we will see if this urging by NTSB catches any more traction. It has certainly had it’s fair share of t.v. and internet time today! If states start changing their laws to lower BAC levels to .05, it would be one step closer to making drinking anything and driving illegal. Keep in mind, it is not illegal to drink and drive as the law currently stands. It is illegal to drive while under the influence of alcohol, or with a BAC of .08 or more.
For more information about your DUI case, contact Attorney Phil Hache at 818-336-1384.