Most people know the legal limit for drinking and driving is 0.08% blood alcohol concentration (BAC).  What most people may not know is that America has one of the highest blood alcohol limits in the world.  In a majority of countries, it is much lower, with some stating it is illegal to drive with any (0.001%, or zero tolerance) or ranging as high as 0.05%.  Prior to the 2000 implementation of a federal standard to 0.08%, states set their own limits, with some going as high as 0.10%.

Medical studies indicate individuals can exhibit impaired brain function at 0.05% or less when compared to sober individuals.  Since 2013, the National Transportation Safety Board has been recommending lowering the limit to 0.05%.  One study found this change would save nearly 1,800 lives annually and reduce non-fatal injuries as well.  Terrifyingly, drunk driving deaths have increased 33% over the past several years.  Fortunately, Utah is proof positive lowering the limit would have a dramatic effect on road safety.  The state lowered the limit to 0.05% in 2018 and, within one year, fatal collisions dropped by 20%.  Since many people reach 0.05% after one drink, rather than changing drinking habits, the common response from Utahans was to plan for a ride home rather than risk driving and driving.

More states are considering lowering their BAC limits because deaths have been on the rise.  While there are no current proposals in Missouri or Illinois, it would not be surprising to see a change proposed in the near future.  Look no further than speeding cases for guidance.  Over the last few months, we have been handling many speeding tickets with speeds greater than 25 over the speed limit.  Prosecutors are responding with stiff penalties, with punishments ranging from probation, classes, community service and fines. We were even in court recently when the judge rejected the plea deal worked out with the prosecutor and instituted a harsher punishment than what the prosecutor recommended.

The takeaway is that a combination of speeding, impaired driving and distracted driving from devices is increasing collisions on the road which hurts people and causes property damage.  While we all hope people will do the right thing, the deterrence and punishment aspect of the law may get harsh enough to force people to comply.  We see the judicial and executive branches getting involved, but it is only a matter of time before the legislative branch weighs in as well.

We have not discussed this topic since our December 2018 newsletter but, aside from causing harm or death to yourself or others, drinking and driving can have severe repercussions in terms of criminal charges or civil lawsuits.  This list is meant to serve as a reminder to anyone on the fence about whether to call an Uber rather than rolling the dice by driving.  The ride share fee or parking ticket from leaving a vehicle are much cheaper than the alternative!Criminal consequences include:

Civil consequences include:

Just for Fun: Tarun Goes to the Rodeo

From time to time, clients call and ask which type of cases we handle.  Our practice is built on referrals from satisfied clients.  We know that if we work hard and do a good job for our clients, they will tell their friends about us.  The best compliment from a former client is that client entrusting us with the potential case of their friend or family.  Our office specializes in the following cases:

1. Personal Injury (auto collisions, trucking, motorcycle, slip and fall, dog bites)
2. Work Injuries
3. Traffic tickets and DUI/DWI

If you know someone that meets these criteria, please have them call our office.  If someone does not quite fit the above criteria, please still have the prospective referral give us a call as we can usually help the person find the right attorney via a referral.

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