Madelyn Daley
Attorney at Law

US Local 618-509-9724

Should The Legal Limit Be Lowered To .05?

Utah is leading the charge to reduce the legal blood alcohol content (BAC) limit from .08 to .05. According to a piece from the Chicago Tribune, this would mean that a 160-pound man could be charged with drunk driving after drinking only two beers in an hour and then getting behind the wheel. A 100-pound woman might reach .05 with a single glass of wine. Would this be a change for the better?

Weighing The Pros And Cons

The National Transportation Safety Board (NTSB) states that the risk of a car accident goes up 38 percent when BAC is at .05 instead of 0.

However, there are practical considerations that need to be kept in mind. Law enforcement resources are not infinite. Arresting and prosecuting drivers whose behavior has suddenly become illegal could prove costly.

The NTSB and other supporters of the change argue that it will have a deterrent effect. People will simply not drink as much if they want to drive.

One group that has not endorsed the stricter rules is Mothers Against Drunk Driving (MADD). Instead, MADD is focusing efforts on ensuring compliance with existing rules.

Time will tell if Utah adopts the change, and if other states follow suit. Until then, it is important for people to know the current law in Illinois and their options for fighting charges of driving under the influence (DUI).

Surprise! In Illinois, You Can Already Be Charged If Your BAC Is .05

What many people do not know is that they can actually be charged in Illinois if they are under .08 but at or over .05, if they display signs of impairment.

If you are accused of drunk driving, it is important to know that you can fight the charges. Regardless of what you blew, you may have options. You should discuss your case with an experienced DUI attorney as soon as possible.

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