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.05 BAC recommended by NTSB - BAD IDEA

The National Trasportation Safety Board (NTSB) has made a recommendation that the drunk driving limit be lowered from .08 to .05. The NTSB claims that lowering the limit will decrease the approximate 10,000 alcohol related traffic deaths.

According to some studies, a woman, weighing 120 lbs can reach .05 BAC after only one drink. A man, weighing up to 150 lbs would need two (2) drinks to reach the .05 level. It appears to me that this proposed change will have a huge impact on restaurants and bars. Many people may avoid ordering a drink with dinner or eating out altogether.

Lowering the limit would cause an increase in Drunk Driving (DUI/OWI) arrests. In turn, there would be a greater caseload for the Court, Probation and counseling agencies. This increased caseload would, in turn, require more Court staff, more probation officers and more referrals to counseling. The increased cost for this growth of government would be passed along to you and I, the taxpayers. It is not feasible for the increased cost to be solely paid by the persons charged with Drunk Driving. This does not even take into account the effect the increased number of cases would have on driving privileges and the potential corresponding increase in arrests for Operating While Suspended (Driving While Suspended) or Habitual Traffic Violator issues.

While I believe that reducing traffic fatalities is a good thing, I don't feel that lowering the legal limit from .08 to .05 is the best way to effect change.

If you have questions about Drunk Driving (DUI/OWI), breath tests, drivers license suspension or other criminal defense issues, contact Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer, at (260) 833-7249.