Over 10,000 Criminal Cases Handled in the Denver Area

Recent Posts
Categories
Archives

Archives

RSS Feed

Critics’ reaction to proposed 0.05 BAC threshold

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.