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Shazam Kianpour

& Associates, P.C.

Available 24/7 – Free Initial Consultation

A PROVEN DEFENSE TEAM

COMMITTED TO PROTECTING YOU

A PROVEN DEFENSE TEAM

COMMITTED TO PROTECTING YOU

Critics’ reaction to proposed 0.05 BAC threshold

| Jan 22, 2018 | Blood Alcohol Tests

As our readers across Colorado and elsewhere know, the legal limit for behind-the-wheel intoxication in the state and nationally is a blood-alcohol concentration of 0.08. Anything at or above that level as determined by a blow into a breathalyzer or a blood draw will instantly produce a major headache for a motorist.

We have noted the drawbacks in many prior posts. They range widely from prohibitively high fines and jacked-up insurance rates to license revocation, jail time and multiple other exactions.

How would that DUI-linked landscape change if authorities tossed the 0.08 threshold in lieu of a 0.05 standard?

It’s not hard to imagine. The thousands of Colorado motorists already being stopped on streets and freeways would be added to by thousands of additional drivers.

And this would result, too: Many drivers would be fearful of having even a single drink in social settings or outside their homes generally.

A recent federal government-sponsored report favors dropping the legal BAC limit to 0.05, alleging that doing so will materially reduce serious crashes across the country.

Not everyone thinks so. Indeed, some critics — including prominent voices within the alcohol beverage industry — claim that such a change would simply target already responsible drinkers in a selective and unfair way. They note that the majority of DUI crashes involve people who are repeat offenders and/or have BAC levels that are far higher than even the existing 0.08 standard.

Under a 0.05 threshold, it is possible for a female driver weighing less than 120 pounds to be adjudged legally drunk even after consuming a single alcohol beverage.

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