Proposed Bill Would Lower DUI Limit

If it becomes law, California would join Utah as states with a .05 legal limit

Proposed Bill Would Lower DUI Limit

It is no secret that DUIs can be incredibly dangerous, and often deadly. Driving under the influence is considered a serious crime under California law, and if two lawmakers have their way, it may be even easier to be charged with this crime.

Assembly members Autumn Burke, a Democrat from Marina Del Rey and Heath Flora, a Republican from Ripon, recently introduced a bill that would lower the legal limit from its current rate of .08 blood alcohol content (BAC) to just .05. If passed, Assembly Bill 1713 would mean that California would tie Utah as the two states with the strictest DUI laws in the nation.

While this change may seem extreme, it is exactly what was proposed in a 2013 report from the National Highway Traffic Safety Administration (NHTSA). According to the NHTSA, lowering the legal limit to .05 could significantly reduce the number of serious injuries and fatalities related to driving under the influence of alcohol across the United States. According to the report, by the time a person reaches .08 BAC, “the risk of a fatal crash has more than doubled. That is why states should lower BAC levels to .05 — or even lower.”

According to a skilled DUI defense lawyer Riverside, CA, there is no evidence that moving the legal limit from .08 to .05 will significant reduce the number of drunk driving accidents, injuries or fatalities on California roadways. Instead, it will make it easier for police to charge drivers with driving under the influence — and for prosecutors to make a case against individuals charged with this offense.

There is no question that driving under the influence of alcohol can lead to deadly accidents. In 2017 alone, 1,120 people died as a result of drunk driving, according to the California Office of Traffic Safety. However, the proposed bill does not provide any scientific basis for lowering the blood alcohol content limit as a way to reduce the number of deaths. Instead, these politicians are simply speculating that if the legal limit is lowered, then the number of fatalities will decrease.

As an experienced DUI defense lawyer Riverside, CA can explain, California already has harsh laws on its books that deter drivers from driving under the influence. Lowering the legal limit will serve only one purpose: to trap more people who were driving safely after just one or two drinks into paying the hefty fines and fees associated with California DUI charges.

At the Chambers Law Firm, we believe that every person charged with a crime — including driving under the influence — is entitled to a strong defense. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled DUI defense lawyer Riverside, CA.

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