San Diego area drivers may be interested in recent recommendations from federal traffic regulators. The National Transportation Safety Board recommended that states such as California lower the legal blood alcohol content for drivers from .08 to .05.
An NTSB spokesperson remarked that the recommendation was made because accidents caused by drunk driving are still a persistent problem in the United States. The NTSB also said that studies have shown that drivers with a BAC above 0.05 are at greater risk for an accident that causes death or injury.
Some groups think a reduction in the legal blood alcohol level to .05 would be extreme, however. The American Beverage Institute, which represents restaurants, said that the reduction would not do anything to stop hard-core drunk drivers with substance abuse issues and repeat offenders.
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A spokesperson for the group said that it would shift valuable resources from stopping dangerous drivers to hitting responsible adults who drink in moderation with severe DUI penalties.
All 50 states enforce DUIs based on a maximum permissible blood alcohol content level of .08. That wasn't always the case: In the past, states set their own blood alcohol content levels, and laws varied from state to state. Nearly 13 years ago, President Clinton tied federal highway funds to a .08 blood alcohol content level. In 2000, Congress mandated the use of the .08 level or else states would lose the funding.
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The National Transportation Safety Board also made 18 other recommendations, including more high-visibility enforcement and ignition-interlock devices for convicted DUI offenders.
Several counties in California have been using the locks since 2010 as part of a pilot program that runs through 2016. The NTSB says such measures are necessary because although drunk driving deaths have gone down, one-third of all highway accidents still involve an impaired driver.
Critics say the recommendations, if acted upon, would only target responsible drivers who do not pose a danger to others. In the face of stricter laws, aggressive DUI attorneys may be more valuable than ever in formulating a strong defense for responsible adults unfairly penalized by stricter legislation.
