Recently, The National Transportation Safety Board released an official recommendation for all states to lower the legal alcohol driving limit to a .05 blood alcohol concentration (BAC). Currently, the blood alcohol legal level is .08. See the chart below to see how these limits actually translate to individuals’ alcohol consumption.
At Chris Perri Law, we believe that lowering the legal limit would be a mistake and lead to injustice. “I think it dilutes the standard for intoxication,” Chris Perri says. “There is about a .02 margin of error on these breath tests. People that aren’t drunk and even had only one beer could register over the legal limit.” According to Chris, this would cause even more people to refuse to cooperate with police officers, as it puts those who have just had one drink at risk of severe legal consequences. In fact, Chris believes that raising the legal limit would actually lead to safer roads, as then the crime would be more stigmatized by our community. At present, Chris feels it is too easy for anyone to get a DWI, and if the limit was lower, it would seen as even less of a big deal to have been convicted of a DWI. To Chris, it is just not okay for someone who registered at a .08 BAC to be facing the same charge as some registered at, say, a .14. Currently those arrested with a very high BAC actually benefit from the fact that they are lumped together with those just barely over the limit—the community sees all these crimes as one.
Another concern is that the police are under pressure to arrest anyone who has possibly had one drink for their own liability reasons. If they let someone go and that person has an accident, the city could be sued. However, this leads to innocent, law-abiding citizens spending nights in jail, carrying criminal records, and causing additional tax money to be spent on the criminal justice system. Further, if the BAC limit was say, .12, then when someone is arrested at this BAC, there would be no question that the person was drunk and needs a steep punishment. Currently, having a DWI is not a major stigma because the population understands that even those who aren’t drunk can end up with an arrest.
The National Transportation Safety Board states that more than 100 countries around the world have adopted a .05 BAC legal limit, and that this had led to fewer alcohol-related accidents. However, what is unfair about this comparison is that in these other countries, readily-accessible alternative transportation options exist. Chris Perri believes that in cities in like San Francisco, Chicago, and New York City there is absolutely no reason to ever drive after drinking alcohol. Yet, in Austin, we lack a viable public transportation system. A much better way to spend our tax dollars would be on developing better transportation options – not prosecuting individuals with a .05 BAC.
A forgotten element in this debate is how lowering the legal BAC would adversely affect the indigent population. Those with a lower socio-economic status are less likely to have funds for a taxi service. Also, if arrested this population often does not have ability to pay for a private attorney, so they must rely on a court-appointed attorney, which can be a bit of a crapshoot. Let’s not forget, court-appointed services are also paid with our taxes. Furthermore, giving more people criminal records, especially those already facing hardship, does not help anyone, but instead harms our entire community. Having a criminal record makes getting a job harder and also increases one’s likelihood of repeating the crime, as one’s sense of identity begins to shift due to the community’s label of that person as a “criminal.”
At Chris Perri Law, we believe strongly in finding ways to reduce accidents related to drunk-driving. However, Chris feels that by making a DWI more stigmatized and also offering improved public transportation options are much better ways to focus our efforts than punishing those for driving after just one drink.
We’d love to hear what you think, too. Let us know in the comment section.