Will Ohio Lower DUI Limit To .05?
Will Ohio lower DUI limit to .05? In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration. While states are looking to get more aggressive with DUI laws, such efforts can result in problems in the actual application of the law. This articles examines the law and the impracticality of enforcing the law on the street and in the courtroom.
Proposed DUI Law Criticized
Critics have said the bill fails to address the real problem, which are the 77% of alcohol-related trafficdeaths in Utah caused by drivers with a blood-alcohol content of 0.15 and above. The proponent of the law said the problem with the 0.08 BAC law is that “it send the message that you can drink up to a certain point and then drive.” The proponent then noted that several foreign countries have a 0.05 limit.
Proposed DUI Law Problems
The field sobriety tests were designed to determine if someone is at a 0.10 BAC or above. When states lowered the limit to 0.08, that already signaled a move away from criminalizing driving under the influence and towards outlawing drinking and driving. A 0.05 BAC limit is simply another step in that direction. Someone at 0.05 could very well pass the field sobriety tests. If the person is not under the influence of alcohol, can that person be arrested? If the person cannot be arrested, the request for a breathalyzer does not occur.
Attorney Daniel Gigiano. Experienced. Aggressive. Dedicated.
Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993. He immediately