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Health & Fitness

NTSB Urging Federal Government to Lower Blood-Alcohol Limit to .05

The NTSB may want to lower the legal blood-alcohol limit but the argument rages on about whether the change will impact the drunk driving problem. Attorney Mark Powers explains.

The National Transportation Safety Board wants a new benchmark for measuring when a driver is legally intoxicated. Recently, the NTSB recommended that the federal government push states to move from .08 to a .05 blood-alcohol limit. In Wisconsin, we had a similar push years ago to move from .10 to .08.

Typically, the way the limit is changed is to have the federal government simply pull federal highway funding if states don’t come into compliance with these mandates. There will always be a push to tighten up the drunk driving laws nationwide and there certainly is a push in Wisconsin as well. 

But how effective would lowering the blood-alcohol limit actually be?

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On the surface, one would think a .05 blood-alcohol limit might cause people to have second thoughts about drinking and driving. Factors like body size and what the person has eaten could certainly change the dynamics because somebody who’s had a couple of glasses of wine at dinner could suddenly find themselves charged with drunk driving.

The NTSB recommendation also pointed to statistics showing that more than a third of the 30,000 fatalities on US highways every year are caused by drunk driving. Could lowering the blood-alcohol limit to .05 save lives?  Sure. But the simple fact is that people just not driving drunk will also save lives. Educating people about the perils of drinking and driving, especially the danger of becoming a repeat offender, must also play an important role in reducing these fatalities.

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Then, of course, there is the push for tougher penalties, especially in states like Wisconsin which foster a strong drinking culture. We have festivals. We party. We tailgate at sporting events.  In our state, there are many, including Milwaukee County Sheriff David Clarke, who want to make a first drunk driving offense a misdemeanor.

Right now, a first offense in Wisconsin only results in a traffic ticket. Clark argues that lowering the blood-alcohol limit isn’t the answer because, in many cases, first offenders are pulled over with a level of 0.15, about twice the legal limit.  The sheriff advocates for stiffer sentences to send that strong message the first time and, hopefully, to cut down on the number of repeat drunk driving offenders.

Regardless of the legal blood-alcohol limit, I still believe a heavier emphasis needs to be placed on educating the public about the perils of drinking and driving. Right now, the issue with impairment becomes whether the person loses the ability to safely operate a motor vehicle.  I have not seen any numbers suggesting that .05 is now that threshold whereas it’s been .08, .10 and even .15 in years past.

One thing seems certain. As this debate continues, we can all expect the penalties for drunk driving to only get tougher.  Hopefully, it will result in much safer driving experiences for everyone.

About Attorney Mark Powers
Attorney Mark Powers is a partner at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha. Previously, Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office and is currently serving as a municipal judge in North Prairie. He focuses in the area of criminal defense, and has handled many cases involving operating a motor vehicle while intoxicated, domestic disputes, and drug offenses.

Powers attended Valparaiso University School of Law, where he received his Juris Doctorate. Prior to law school, Mark attended the University of Wisconsin, Lacrosse where he received his bachelor of science in Political Science.

For more information, please call 262.549.5979 or visit www.waukeshacriminalattorneys.com.

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