Lowering legal limit to .05?

[Stegall Law Firm]

Yesterday the NTSB announced it's recommending a lowering of the limit for under the influence from .08 to .05.  I'm a member of a national DUI defense group, and everyone is talking about this on our listserve.  A lot of arguments similar to the ones gun owners make regarding tougher gun laws. 

 

http://duinewsblog.org/2013/05/14/ntsb-wants-to-lower-dui-limit-to-0-05/

 

 

I read in one article that the alcoholic beverage industry has already fired back.  Of course they don't want this happening.  Now instead of having two or three drinks at a bar, a person might have just one.  On just a personal level I generally despise any sort of new laws, and like tougher gun laws I'm not sure that lowering the limit would make the streets any safer.  But it would certainly be more business for us defense lawyers. 

[Guest RedLights&Sirens]

Interesting but I have a CDL so my legal limit is .04 even in my personal vehicle.

[sigmtnman]

It's the Temperance movement all over.  I say F, the mothers!

[xRUSTYx]

Unfortunately ~ Law breakers will break the law, whatever the "legal" limit may be.  They could care less on whether or not its .05 or .08.  I doubt this will help cut down on the amount of DUI's and/or DUI Deaths.

 

They should keep it where it is, or outlaw it entirely (Drinking & Driving that is).  Inching down doesn't solve anything, and at the end of the day, a drunk will still drive drunk regardless of any law.

Edited May 15, 2013 by xRUSTYx

[TripleDigitRide]

I don't believe this new law would change much, but I'm against ANY drinking and diving.

[2.ooohhh]

Wish the NTSB would spend half as much time addressing cell phone use, girl texting a friend about commencement rear ended me last week while I was sitting still waiting on the light to change on west end in broad daylight.  :rant:

[Guest kj4gxu]

I need to see the statistics on accidents where the drivers BAC was between .05 and .08 before even commenting on this.  I suspect it would not be higher than those below .05

 

Anything that legitimately reduces DUI fatalities, I'm all for, but something that just criminalizes something for no other reason than to allow a politician to say "Look i did something" is a waste of time.

[TMF]

Texting and driving is more dangerous than drunk driving as a whole. At least drunk drivers are normally out after hours. I have to dodge text-happy soccer moms with my kids in the car. Saw one on the interstate pass me the other day going 80 mph and swerving as he approached and went by. Saw him in the rear view doing the "up-down" as he texted. People like that are a way bigger danger. At least drunk drivers are paying attention, albeit impaired.

[leroy]

Thanks for posting this.  I'm like you all about "new, tougher laws".  They dont work.  We dont need more moral "jhadists" or rule makers of any stripe, prohabitionist or otherwise generating sympathy for new rules and laws.  As my sainted old irish grandmother used to say: "...Advice is no good.  A wise man doesnt need it, and a fool wont heed it...".   She wuz right.   There are already too many recommendations, public service announcements, warnings and selectively enforced laws on the books now.

 

leroy

Edited May 15, 2013 by leroy

[Randall53]

Wish the NTSB would spend half as much time addressing cell phone use, girl texting a friend about commencement rear ended me last week while I was sitting still waiting on the light to change on west end in broad daylight.  :rant:

 

Yep...you took the words right out of my mouth.  I know someone that rear ended on a motorcycle about a year ago while sitting at a red light.  The DH told the cop he didn't see the motorcycle.....the cop said "Yeah?...well what's your excuse for the red light? Were you texting?"  The guy wouldn't say anything else.

[Randall53]

Yep...you took the words right out of my mouth.  I know someone that was rear ended on a motorcycle about a year ago while sitting at a red light.  The DH told the cop he didn't see the motorcycle.....the cop said "Yeah?...well what's your excuse for the red light? Were you texting?"  The guy wouldn't say anything else.

[c.a.willard]

I think the DUI laws in regard to the statutory limit are fine as they are right now.  You can already be convicted with a below statutory limit BAC, the police just have to prove it with more than just the BAC.  If I were to change anything with DUI's it would be in the punishment portion not the statutory limit.  Mainly I would like to see 3rd offense DUI become the felony charge instead of 4th offense currently.

[Guest 270win]

.10 worked just fine.  .08 was nothing more than a way to make more money and so is this .05 idea.  A LEO can still arrest someone for DWI even if under the .08 limit if the person appears intoxicated.

[vontar]

tell me how it will affect those that are stopped at 2 or 3 times the current legal limit?

 

Seems like a move arrest more people.

I don't drive after 1 drink myself, but still I don't see lowering it will help much when people are getting busted for much higher levels.

Something tells me many years ago, some study concluded .08 was OK, which probably meant it was set lower then they averaged in the testing.  Now they want to set an arbitrary number.

[Guest 6.8 AR]

Yesterday the NTSB announced it's recommending a lowering of the limit for under the influence from .08 to .05.  I'm a member of a national DUI defense group, and everyone is talking about this on our listserve.  A lot of arguments similar to the ones gun owners make regarding tougher gun laws. 

 

http://duinewsblog.org/2013/05/14/ntsb-wants-to-lower-dui-limit-to-0-05/

 

 

I read in one article that the alcoholic beverage industry has already fired back.  Of course they don't want this happening.  Now instead of having two or three drinks at a bar, a person might have just one.  On just a personal level I generally despise any sort of new laws, and like tougher gun laws I'm not sure that lowering the limit would make the streets any safer.  But it would certainly be more business for us defense lawyers. 

I really love to hear a lawyer say that. God bless you.

 

I doubt it would do anything, either. If I understand things right, you get caught with a DUI, you're fixing to be out

serious money. I plan my drinks because of that, already. I would have no idea what difference it would make,

except to make the charges stick better for the cop to bag another perp. It won't make any difference with kids

or repeat drunks.

[Joseg]

What good is it when people that have been caught with DUIs are still driving and some even have multiple DUIs. Enforce the laws currently on the books, if you toughen the laws want the make the  DUIs or DWIs have stricter stipulations: 1 time, you loose you license for 3 months, 3 months of trash Detail on Highways, a nice fine to be used to maintain the roads (barriers, stupid potholes), and a mandatory 16 hr class on DUIs with the instructor have the worse monotone voice and if you fall asleep you will have to repeat it, 2nd time you lose you license for a year, 6 months trash detail (rain or shine), 3rd 5 yrs no license, 4+ plus you lose driving privileges period.  Somewhat  you get where I'm going with this, keep in mind you will need to submit to breathalyzer and blood test everytime, don't want to do it, sit in jail. Make it hard.. 

Edited May 15, 2013 by Joseg

[knewcomb]

I thing you should lose your driving priviledges all together after one dui. Drinking and driving is 100% unacceptable and 100% preventable. Punishments are not much of punishment anymore.

[DaveTN]

I’ve been expecting it for years.

Most people don’t the difference in a .05, .08, .10.

What they should know is that if you have been drinking and are stopped or in an accident the chances are pretty high you will be arrested.

 

 

[Murgatroy]

I had a dear cousin killed by a drunk driver. He had been in court that day for something like his sixth offense.

 

I am all for getting drunks off of the road.

 

But lowering the limit isn't going to anything. A criminal is a criminal. All it will do is net more revenue for city/county and fill the jails.

 

I was watching the news this morning. A woman was doing 75MPH+ through a 35MPH zone and hit a school bus. She had a BAC of over .24. So, she was doing double the speed limit, three times over the legal limit. What I want to know, why was she in court? Why wasn't she sitting in a cell? This happened six months ago.

 

Texting and driving, is more dangerous than drunk driving. Steep statement, I know, but the issue is that it is even more common, many times isn't punishable and EVERYONE does it. From the parents driving their kids to school, to the kids driving to school to the cats driving to work. Every day, all day long. You have someone that is driving distracted. Plain and simple.

[Photoguy67]

Interesting but I have a CDL so my legal limit is .04 even in my personal vehicle.

It's my understanding ANY measurable amount in a commercial vehicle is DUI.

[Oh Shoot]

..: 1 time, you loose you license for 3 months,..

 

I thing you should lose your driving priviledges all together after one dui...

 

You already lose license for a year on first offense, yes? You maybe can get restricted license for work only, or what?

 

- OS

[analog_kidd]

I was surprised to learn that a typical male of 180 pounds hits .08 at 4 drinks in an hour. I would have thought it was less drinks than that. If I were to have 4 drinks in one hour, I know I can't drive.

[bigbabysweets]

This law is a waste of time. I know of nobody that shoots for .08. They drink until they "feel" like they can still drive. I loathe drunk drivers. I think its one of the cases in which I could kill a man. If they want to make an impact on duis they need to make it not worth the risk in the first place. This is just the same for every other crime, the people in charge just care about the money.....

[Patton]

  You can already be convicted with a below statutory limit BAC, the police just have to prove it with more than just the BAC.  If I were to change anything with DUI's it would be in the punishment portion not the statutory limit.  Mainly I would like to see 3rd offense DUI become the felony charge instead of 4th offense currently.

Yes, and I have arrested several of them. I have done SFST's and taken people in who were really surprised at what their BAC was. People think you have to drink a 12 pack to be over a .08. I always think of the signs saying, "Buzzed driving is drunk driving". People that drive drunk, will drive drunk. People that think you are able to drink a little and then drive may change their ways if the law changes.

[Murgatroy]

It's my understanding ANY measurable amount in a commercial vehicle is DUI.

Yes, it is.

 

But with a CDL if you blow over .4 in your PERSONAL car, you can be charged and lose your license.