States Consider Lowering DUI Threshold

August 19, 2024 | By The Champion Firm, Personal Injury Attorneys, P.C.
police pulls over a drunk driver
States Consider Lowering DUI Threshold

A recent article in The New York Times suggests that, compared to other countries, the U.S. has a relatively high drunk driving threshold. That is, Americans are allowed to have a higher blood-alcohol content (BAC) and still legally get behind the wheel of a vehicle compared to other countries. Now, states like Connecticut, Hawaii, Washington state, and New York are considering legislation that would lower the legal BAC to 0.05. Here’s what you need to know.

20% Decrease in Fatal Car Crashes

In most states across the U.S., the legal threshold for a driver to receive a DUI is having a BAC of 0.08 or higher. In 2018, Utah decreased its DUI threshold to 0.05. In the following year, seemingly as a result of the stricter DUI laws, the state saw a drop in fatal car crashes by almost 20%. While Utah is the only state with a drunk driving limit this low, a 0.05 BAC is common for many countries around the world. Even countries that Americans tend to think of as being strongly tied to alcohol—like France, Ireland, Germany, and Spain—consider a BAC of 0.05 or over to be a DUI. Utah’s success in lowering its fatal car wreck numbers has other states considering similar laws. It’s no wonder with the increase in deadly car wrecks we’ve seen in the past few years.

Drunk-Driving Deaths Have Increased in U.S.

From 2019 to 2022, deaths related to drunk driving increased nearly 33%, meaning over 13,000 people a year died due to DUI-related injuries. Driving in the U.S. is dangerous as it is. Add alcohol into the mix and you have a recipe for disaster. Yet, Americans and American businesses are hesitant to lower the legal limit. One of the reasons most states still have a 0.08 BAC limit for DUIs is because businesses fear that stricter DUI standards mean they will lose money. The New York Times article quotes Yale lecturer and former CDC program director Dr. Linda Degutis as noting: “[T]his was the argument: that this was going to really damage their economy, damage their ability to attract people.” However, this doesn’t seem to be the case in Utah. Instead, data shows that alcohol sales in Utah continued to trend up and were not impacted by the lower BAC legislation. Instead, people who wanted to drink more simply didn’t dive, and planned other ways home.

DUI Injuries Wreak Havoc on Victims’ Lives

Whether other states ultimately decide to lower their DUI thresholds or not remains to be seen. Unfortunately, what we see far too often at our firm is just how damaging DUI injuries are. We have represented many clients over the years, including people who were injured or lost loved ones to drunk drivers: If you or someone you know is injured by a drunk driver in Georgia, contact our DUI injury lawyers for a free consultation of your case. The injuries caused by drunk drivers can forever change a person’s life. You shouldn’t have to suffer because of someone else’s negligence. Contact us today if you were injured by a drunk driver. Learn More About DUI Injuries & Your Legal Rights: