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Washington State to Lower the Legal BAC Limit to .05 to Further Reduce DUI

Washington State to Lower the Legal BAC Limit to .05 to Further Reduce DUI

In efforts to reduce DUI (driving under the influence) and drunk driving related deaths, lawmakers, federal officials, and state officials have been working vigorously to find effective solutions.  Among recent recommendations, suggested by the National Transportation Safety Board, is for all states to lower the legal BAC (blood alcohol content) limit from .08 to .05.  This recommendation stems from the fact that more than 100 countries already have .05 as their legal BAC limit.   Europe, for example, has experienced significant drops in DUI related deaths, over a 50% reduction, since imposing the .05 limit about 10 years ago.

Just how low is a .05 BAC limit?  For a women weighing approximately 120 pounds, she will reach a .05 BAC after consuming 1 drink.  And for a man weighing around 160 pounds, he will reach .05 just after 2 drinks.

The National Transportation Safety Board realizes their recommendation will be met with much resistance, however as NTSB Chairman Deborah Hersman said, “Our goal is to get to zero deaths because each alcohol-impaired death is preventable… The tools exist.  What is needed is the will.”

The NTSB reported more than 4 million people a year in United States drive drunk, however only half of those drivers are ever stopped by law enforcement and investigated for DUI.

Washington State University – Blood Alcohol Levels and How it Effects the Body

Washington State University – Blood Alcohol Levels and How it Effects the Body

Having basic knowledge on how alcohol effects the body is a valuable tool;  1) it may aid in the self assessment of one’s ability to drive safely after consuming alcohol, 2) it may help decipher if someone else has the ability to drive safely after consuming alcohol, 3) and it may help one’s awareness on how alcohol is effecting their body and enable them to make better decisions to slow or stop alcohol consumption to avoid dangerous situations.

Blood Alcohol Level 0.01 – 0.03
Mild relaxation; slight loosening of inhibitions; slight loss of social discomfort; mild intensification of mood.  If driving and pulled over by police in Washington State, the risk of being charged with a DUI at this BAC level is very low.  An individual would most likely have the physical control to pass the DUI field sobriety tests at this level.

Blood Alcohol Level 0.04 – 0.06
Small buzz; slight sedation; feelings of warmth & relaxation; loss of shyness; emotion and behavior can become exaggerated; fine motor skills decline; reaction time slows.  There may be only minimal awareness of these effects.  Driving is a risky choice.  At this BAC level, Washington State police could charge an individual with DUI (even though they are under the legal Washington State BAC level of 0.08) if their driving was impaired.

Blood Alcohol Level 0.07 – 0.09
Fuzzy thinking; motor skills clearly impaired; speech may be noticeable impaired; slight and hearing acuity are reduced; judgement ability is slowed and reduced.  Ability to decide about further drinking is impaired and ability to evaluate and respond to sexual situations is diminished.  If pulled over by Washington State police, an individual would most likely be charged with a DUI at this BAC level and may or may not fail the DUI field sobriety tests.

Blood Alcohol Level 0.10 – 0.20
Emotions unstable; perceptions, thinking, judgement, reaction time are significantly impaired.  An individual would be charged with a DUI at this BAC level and would have increased risk of failing the DUI field sobriety tests.

Blood Alcohol Level 0.25 – 0.30
Confusion, disorientation, dizziness, exaggerated emotions.  All sense perceptions distorted. Numb.  Sever risk of injury.  An individual would be charged with a DUI by Washington State police officers at this BAC level.  An individual would most likely fail the DUI field sobriety tests at this BAC level.

Blood Alcohol Level 0.30 – 0.40
Stupor; motor functions severely impaired; unable to stand/walk.  Vomiting, incontinence are high risk.  Loss of pain awareness.  Impaired consciousness.  Risk of death.  An individual would have a very hard time operating a vehicle at this BAC level and would be charged with DUI if pulled over by police officers.  Additionally, the individual would not physically be able to complete the DUI field sobriety tests at this BAC level and thus they would fail the DUI field tests.

Blood Alcohol Level 0.40 +
High risk of impaired circulation, respiration or heart rhythm.  Coma and death due to anesthesia of brain areas and nervous system functioning are very possible.

Information on how blood alcohol levels effects the body was derived from Washington State University’s website, go to adcaps.wsu.edu for more information on this topic.

 

DUI Penalties: First Time Offenders

DUI Penalties: First Time Offenders

Washington State is known for having some of the toughest DUI penalties in the nation.  These DUI penalties are harsh to prevent repeat drunk driving.  Penalties for a first time DUI offender are dictated by the BAC (Blood Alcohol Content) reading taken at the police station, consequences are worse for a BAC result more than .15 or a refusal to blow, than compared to consequences for a BAC result less than .15.

If the BAC result is less than .15; than an individual found guilty of DUI would be facing 1-364 days in jail or 15 days of EHM (Electric Home Monitoring).  Fines range from $941.00 to $5,000.00.  Their Washington State driver’s license would  be suspended for 90 days, and an ignition interlock device would be required in any car they drive.

If the BAC result is more than .15 or refused; than an individual found guilty of DUI would be facing 2-364 days in jail or 30 days of EHM.  Fines range from $1,196.00 to $5,000.00.  Their Washington State driver’s license would be revoked for 1 year if their BAC result was more than .15 or if the individual refused the BAC reading than their driver’s license would be revoked for 2 years.

In addition to jail time, fines, and license suspensions, any first time DUI offender would have to get an alcohol evaluaion and complete the recommended DUI treatment programs.  The judge may also order community service hours or work crew.

Contact the defense lawyers at David O Defense if you have been charged with a DUI.  We offer a free consultation to discuss your case.  Phone number 206-459-6392.