What should the legal drunk driving limit be?

We’ve all heard cautionary tales about drunk driving. It’s dangerous, deadly and devastating. Though we know the risks, many of us will drive while intoxicated at least once in our lives.

Every day, people have a few drinks and decide to drive. Statistics show that drunk driving kills one person every 39 minutes in the United States.

To save lives, some states have pursued stricter drunk-driving laws. Utah is the only state to have changed its blood alcohol content (BAC) limit, lowering the legal BAC from 0.08% to 0.05% in 2018.

In this article, I’ll examine drunk driving trends and legislation across the United States, specifically in Indiana and surrounding states. Here’s what you need to know.

Legal blood alcohol content through the years

Since the late ‘90s, when the legal BAC limit dropped from 0.10% to 0.08%, laws regarding driving under intoxication haven’t changed much. That initial change effectively reduced drunk driving deaths, but today, Americans wonder if it’s not enough.

People are still dying in preventable wrecks. Over the last 10 years, about 30% of all traffic fatalities were caused by drunk drivers, according to data from the National Highway Traffic Safety Administration.

Six years ago, Utah became the first state to lower its BAC limit to 0.05%. Since the change, the state has seen a 20% decrease in drunk driving deaths. Utah remains the only state to have changed its legal limit.

A difference of 0.03% in BAC may not sound like much. How can it have such a significant impact on a person’s ability to drive safely? The difference between a BAC of 0.05% and 0.08% is about one drink. Data has shown that people who drive with a 0.05% BAC — just one 12-ounce beer fewer — were less likely to cause collisions.

Here’s how BAC affects your body:

• 05%: Exaggerated behavior, impaired judgment, longer response times, release of inhibition
• 08%: Poor coordination and loss of balance, short-term memory loss, slurred speech, impaired vision

Even the lowest legal BAC level impairs a person’s ability to drive safely.

Is It Ever Safe to Drive with Alcohol in My System?

The short answer: no. Every person’s alcohol tolerance is different, so general guidelines aren’t always reliable. At a BAC of as low as 0.02% — which can translate to less than one drink — a person may experience lightheadedness, loss of judgment and diminished multitasking ability.

In 2022, there were 2,337 people killed in crashes involving drivers with BACs of 0.01% to 0.07%, which is under the legal limit.

The movement for lower BAC limits

Utah is the only state that has changed its legal limit, but organizations across the country encourage others to do the same. The National Transportation Safety Board has recommended a 0.05% or lower BAC for all drivers, and a 2021 survey reported that more than half of United States drivers supported lowering the limit.

Dozens of other national organizations have recommended and supported a 0.05% BAC limit, including:

• National Safety Council
• American Medical Association
• World Health Organization
• National Academies of Science, Engineering and Medicine
• American Public Health Association

Has the 0.05% limit in Utah been successful?

Lowering the legal BAC driving limit in Utah has been effective in a few ways, according to NHTSA.

1. From 2016 to 2019, the fatal crash rate decreased 19.8%.
2. Drivers across the state reported planning ahead to avoid intoxicated driving (i.e. planning for alternate transportation).
3. The limit change deterred drivers of all BAC levels from getting behind the wheel.

And, contrary to popular concern, the lower limit neither harmed alcohol sales nor damaged the state’s hospitality industry.

Drunk driving: Across the country and in our own backyards

A recent report showed that, after decreasing since the ‘80s, the number of deadly drunk driving crashes has risen since 2020. One in five drivers in 2022 admitted to driving drunk at least once, and one in 10 said they did it often.

Fatality rates vary state by state. At Craig, Kelley and Faultless LLC, our focus is on the six Midwestern states in which we practice.

Here are the 2021 percentages of fatal crashes involving drivers with a BAC of 0.08% or more.

• Indiana, 25%
• Illinois, 35%
• Ohio, 39%
• Missouri, 29%
• Kentucky, 24%
• Iowa, 33%

To put these numbers into perspective, the worst state was Montana (44%), while the state with the fewest drunk driving wrecks was Mississippi (20%).

The legal drinking age in the United States is 21, but alcohol’s impact on underage drivers cannot be ignored. Nearly one-third of drivers aged 15-20 who died in crashes in 2022 had BACs of at least 0.01%, according to the National Highway Traffic Safety Administration.

Are other states lowering the legal BAC limit?

Hawaii and Washington have proposed bills to lower the legal BAC driving limit, but each state has yet to pass a change. For now, their legal limits are still 0.08%.

Some states, like Colorado and New York, have “driving while ability impaired” (DWAI) laws, which punish drivers with BACs of 0.05% to 0.07%. These charges are less severe than DWIs but still discourage driving after alcohol consumption. Connecticut residents have recently asked lawmakers to enforce similar DWAI offenses.

Opponents worry that lower BAC limits would not reduce fatalities but instead criminalize responsible drinking.

These potential DUI law changes will not affect zero-tolerance limits, which apply to drivers under 21. Every state has a BAC limit of 0.02% (or, as is the case in seven states, 0.00%) for underage drivers.

Final Thoughts

Every day, drunk drivers take to the roads. Utah has proven that lowering the legal limit to a BAC of 0.05% saves lives. Though Indiana, Illinois, Ohio, Missouri, Kentucky and Iowa have not acted toward changing their legal limits, I believe it is important to educate drivers on the dangers of operating their vehicles while intoxicated.

There are more ways than ever before to avoid driving drunk. Platforms like Uber and Lyft are accessible and can save lives. Visit our website for more information on drunk driving accidents.

If you are a victim of a serious drunk-driving accident, call Craig, Kelley & Faultless now for a free consultation. We handle personal injury and wrongful death cases and will fight to get you the compensation you deserve.

Contact us at 1-800-746-0226 or through our online form.

David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.