New Report Suggests Lowering Legal Limit to 0.05 Percent BAC

Thursday, January 18th, 2018

It’s been a debate for some time now. Should the legal limit for how much alcohol someone can have in their system while driving be lowered from 0.08 percent to 0.05 percent?  

The National Academies of Sciences, Engineering, and Medicine believes so. But before we get into what their newly released report says, let’s put the numbers into context.

According to the National Highway Traffic Safety Administration, a male weighing 140 pounds would be at, or close to, a 0.08 percent blood alcohol content having had three drinks within an hour. A female weighing 120 pounds would be at, or close to, 0.08 percent blood alcohol content having had just two drinks within an hour. Regardless of gender, your blood alcohol content will not be as high if you weigh more. Conversely, your blood alcohol content will be higher if you weigh less.

On the other hand, male weighing 140 pounds would be at, or close to, 0.05 percent blood alcohol content having had two drinks within an hour. A female weighing 120 pounds would be at, or close to, 0.04 percent blood alcohol content having had just one drink within an hour.

Of course, these figures are approximate and depend on several factors which include, but are not limited to, whether the person ate, what they ate, what they drank, and how fast they drank it. But based on these approximate numbers, we can see that for both males and females, the difference between a 0.08 and a 0.05 percent blood alcohol content is about one less drink in an hour.

Should the legal limit be lowered to 0.05 percent, that means for some, only one drink or less and they would be breaking the law if they get behind a vehicle. According to the U.S. government-commissioned panel of the National Academies of Sciences, Engineering, and Medicine, that’ll prevent DUI-related collisions and fatalities.

“The plateauing fatality rates indicate that what has been done to decrease deaths from alcohol-impaired driving has been working but is no longer sufficient to reverse this growing public health problem,” said report committee chair Steven Teutsch in a news release from the National Academies. “Our report offers a comprehensive blueprint to reinvigorate commitment and calls for systematic implementation of policies, programs, and system changes to renew progress and save lives.”

Teutsch is an adjunct professor at the University of California, Los Angeles School of Public Health.

The 489-page report also recommends that states significantly increase alcohol taxes, stricter regulation on alcohol advertising, broadening ignition interlock device laws, and stricter laws to prevent the sale of alcohol to people under the age of 21, amongst other things.

Not everyone is on board with the panel’s suggestions.

“[We], along with other organizations focused on traffic safety such as MADD, strongly supports the strict enforcement of the 0.08 BAC level,” said the Distilled Spirits Council in a statement. “Reducing the BAC limit to 0.05 will do nothing to deter the behavior of repeat high BAC drivers who represent the vast majority of drunk driving fatalities on the nation’s roads.”

Just as a reminder, a person can be arrested, charged, and convicted of a DUI if they are “under the influence,” regardless of what their blood alcohol content is. This means that a person can have a 0.04 percent blood alcohol content as long as they cannot drive a vehicle as a reasonable sober person would under similar circumstances.

Share

Drunk Driving…A Drone

Thursday, January 11th, 2018

As I’m sure you’re aware, the purpose behind DUI laws is to protect the public and drivers themselves from harm caused by an automobile driven while the driver was intoxicated. The same logic can be applied to vehicles other than automobiles, which is why people can be prosecuted for operating other vehicles while intoxicated such as a bicycle, a boat, a horse, a plane, and yes, even a Zamboni. What these “vehicles” have in common is that they are operated by a driver while the driver is in the vehicle. But should the same logic apply to vehicles where the driver isn’t actually in the vehicle like, say…a drone?

New Jersey certainly thinks so.

This week, New Jersey lawmakers approved a ban on operating drones while under the influence. The new legislation, which was approved 39-0 in the State Senate and 65-0 in the State Assembly, would punish pilots of drones who operate while under the influence with up to six months in jail and $1,000 fine.

Although the law doesn’t specify the type nor the size of drone that cannot be operated while intoxicated, it does, however, use the DUI standard for blood alcohol content of 0.08 percent as the legal limit.

According to the text of the bill, “…it is a disorderly persons offense to operate a drone: 1) knowingly or intentionally in a manner that endangers the life or property of another; 2) to take or assist in the taking of wildlife; and 3) while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08% or more by weight of alcohol. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.”

“The use of drones has increased dramatically in recent years for a variety of purposes,” State Sen. Paul Sarlo told NJ Advance Media in December of last year. “There are many benefits for commercial and recreational purposes but they can also pose threats to safety, security and privacy. The technology has outpaced regulations.”

Although drunk drone driving has yet to become the problem that vehicle DUI’s pose, with the increased availability and use of drones, state lawmakers are seeking to preemptively stamp out problems like that which occurred in 2015 to an off-duty National Geospatial-Intelligence Agency employee. After the employee had been drinking, he flew a two-foot by two-foot “quadcopter” from a friend’s apartment balcony and lost control of it over the White House.

Similar bills have been pocket-vetoed by New Jersey Governor Chris Christie, but it is unknown whether he’ll sign the current bill before his second term ends on January 16, 2018.

We’ll also have to wait to see if California follows suit. Who knows, maybe by that time, California will also outlaw drunk driving remote control cars as well.

Share

New California Law Could Give You a Free Ride if You’re Too Drunk to Drive

Thursday, December 28th, 2017

Most of us have done it at least once and most of us don’t want the responsibility of being designated driver. Unfortunately, unless someone is willing to pay for transportation, a designated driver is one of the few ways to avoid a DUI and get home safely. However, a new law could make designated drivers a thing of the pass by allowing alcohol manufacturers and sellers to provide free rides through ride-sharing apps to its customers.

Too drunk to drive? New California law could give you a free ride

December 25, 2017, The Sacramento Bee – It’s an all-too-familiar scene in Sacramento. A group of friends heads to midtown for a night of partying and drinking, but one friend has to miss out on the fun and stay sober to be the designated driver.

A new law that takes effect Jan. 1 may not only let everyone join in on the fun, but it’ll also mean more money for the bubbly.

Under Assembly Bill 711, alcohol manufacturers and licensed sellers can offer free or discounted rides to transport drinkers home safely through ride-sharing services, taxicabs or other ride providers.

Vouchers or codes can be given to alcohol sellers or directly to consumers, but cannot be offered as incentives to buy a company’s product. Current law restricts alcohol licensees from offering discounts of anything more than inconsequential value to consumers, though liquor and wine manufacturers have been temporarily allowed to pay for rides for people attending private, invitation-only events.

The measure, by Assemblyman Evan Low, D-Cupertino, would relax the rules to expand that program, allowing alcohol manufacturers to underwrite free or discounted rides in all cases.

Low noted that thousands attending the Super Bowl 50 in Santa Clara in 2016 didn’t have options to get home safely after drinking. Forty-four other states and the District of Columbia allow liquor manufacturers to pay for free or discounted rides, according to a legislative analysis of the bill.

The bill cleared the Legislature unanimously, and was supported by major beer manufacturers as well as ride-sharing company Lyft. Last year, Anheuser-Busch partnered with Lyft to offer rides home across 33 “safe ride” programs throughout the nation.

Katja Zastrow, vice president of Corporate Social Responsibility for Anheuser-Busch, said since teaming up with the ride-sharing service, the program has provided more than 64,000 rides. “Drunk driving is 100 percent preventable and offering safe rides is one way that we can have a real impact on reducing (it),” she said.

The bill was opposed by Alcohol Justice, a San Rafael-based nonprofit that lobbies against policy thought to promote the “alcohol industry’s harmful practices,” according to the group’s website.

Carson Benowitz-Fredericks, the organization’s research manager, said AB 711 could encourage people to drink more. Alcohol Justice says overconsumption of alcohol costs California $35 billion a year and causes 10,500 deaths annually.

“The idea that drunk driving is the only harm from alcohol is a real misunderstanding of alcohol harm,” Benowitz-Fredericks said.

The main concern from both Benowitz-Fredericks and the Rev. James Butler, the executive director of the California Council on Alcohol Problems, is that though the bill says the rides should be provided in order to get drinkers safely home, there is no real way to prevent consumers from using the free rides to go to another drinking spot.

“If they get free transportation, maybe instead of two beers they have six,” Butler said. “And when people overconsume alcohol, they make bad decisions.”

I’ve said it before and I’ll say it again: Anything that helps people get home safe after a night of drinking and avoid a DUI I’m in favor of, including this new law.

 

Share

California’s Drive Sober or Get Pulled Over Campaign

Friday, December 15th, 2017

As is the case every year around the holiday season, law enforcement is ramping up efforts to catch impaired drivers. California law enforcement agencies, including the Los Angeles Sheriff’s Department as well as the California Highway Patrol, are partnering with the California Office of Traffic Safety and the National Highway Traffic Safety Administration in the anti-DUI campaign "Drive Sober or Get Pulled Over."

From December 15th through January 1st, local law enforcement agencies will deploy an increased number of DUI checkpoints and saturation patrols throughout California in high risk locations.

“This holiday season, drivers will notice increased enforcement watching closely for anyone who is driving impaired,” said Los Angeles Sheriff Department Sergeant Robert Hill.

“It is vital that we keep our roads and travelers safe, not just at the holidays, but every day. With extra travelers on the roads, and people attending holiday parties, we will likely see an uptick in drunk driving,” Hill said. “We’ll be arresting anyone we catch breaking this life-saving law.”

Nationwide in 2016, 37,461 people were killed in motor vehicle traffic crashes, and 28 percent (10,497) died in crashes where a driver had a blood alcohol concentration (BAC) over the limit of .08. In California, 1,059 DUI deaths were reported at .08 or above.

Last year, CHP’s holiday "Maximum Enforcement Period," which ran from December 23rd to December 26th, saw 535 DUI arrests and 16 fatal collisions.

“Two simple words can keep your holiday festivities safe – plan ahead,” California Office or Traffic Safety Director Rhonda Craft said. “Before you head out to any celebration, plan how you are getting home safely. If you are drinking, that means knowing what sober driver or service you will be using.”

There are things that you can do to not become a statistic this holiday season.

People can download the Designated Driver VIP (DDVIP) free mobile app for Android or iPhone, which locates nearby bars and restaurants offering free incentives for the designated sober driver, from non-alcoholic drinks to appetizers and more. Just be sure that whomever has offered themselves up as the designated driver actually remains a sober designated driver. A designated driver who drinks, while they may have less than their passengers, is not a designated driver.

While some may still use public transportation to get home after drinking, others find it easier to just call an Uber or a Lyft right from their phone. Either way, with this many options to travel, there’s no excuse to get behind the wheel after drinking at a holiday party.

Although not the best option, if you do have a glass of wine at that holiday party and plan on driving home, maybe have with you a personal breathalyzer just to be safe. One wine or one beer or one drink might not put you over the limit of 0.08 percent blood alcohol content. However, a person can still be arrested, charged, and convicted of a DUI even if they’re below the legal limit as long as the alcohol affects their ability to drive. Having said that, some preventative measures, like knowing what your BAC is, are better than none.

And unfortunately, the least favorite option is the best option. The only way to have yourself a happy DUI-free holidays is refrain from drinking altogether. Egg nog without alcohol is just as good as egg nog with.

 

Share

Drunk Drivers Say Personal Breathalyzers Helped them Prevent Driving Drunk Again

Friday, December 1st, 2017

This past August, the Colorado Department of Transportation gave 475 personal smartphone breathalyzers to people who had been convicted of a DUI. In addition to the obvious objective of preventing drunk driving, the Colorado Department of Transportation also wanted to see if, in fact, having the breathalyzer actually helped keep them from driving drunk again.

After recently surveying those people who were given breathalyzers, the Colorado Department of Transportation’s results showed that having a personal breathalyzer helped those people avoid driving drunk. In fact, a whopping 90 percent said that having a breathalyzer helped them avoid driving drunk and 94 percent said that they would recommend a personal breathalyzer to others who regularly drink alcohol.

The Colorado Department of Transportation teamed up with BACtrack, who created the smartphone breathalyzer, during the informal study. The breathalyzer is linked to a smartphone app through Bluetooth. If the user determines that they cannot legally drive, the smartphone app can order them a taxi or Uber.

I’ve written a few times on the benefits of purchasing a personal breathalyzer.

Like those handed out by the Colorado Department of Transportation, people can buy breathalyzers that can either be attached directly to a smartphone or connect to smartphone through Bluetooth and will run buyers between $100 and $150.  

Other, less expensive, breathalyzers can come on keychains and can cost buyers as low as $15. Like many things, quality comes with price and the results of these novelty breathalyzers are questionable at best and decrease in accuracy after time.  

Some breathalyzers are handheld and resemble those commonly associated with the breathalyzers used by law enforcement. Those breathalyzers range widely in terms of price and quality. Some come as low as $50 and some can go as high as a few hundred dollars. Obviously, the less expensive handheld breathalyzers have lower quality, but those more expensive handheld breathalyzers are the ones used by law enforcement because of their accuracy and may even be approved by the Food and Drug Administration (FDA). Law enforcement grade breathalyzers have an accuracy range of plus or minus 0.002 percent which means that if a person is a 0.08 percent, the breathalyzer results can range between 0.078 percent and 0.082 percent.

I purchased my own personal handheld breathalyzer to experience first-hand what I’ve been writing about. I didn’t break the bank, but I did spend $60 on the lower end of the legitimate handheld breathalyzers. After having a few drinks, I gave it a go. While I don’t know what my actual blood alcohol content was because different readings were provided, I can say that the multiple readings ranged by about 0.03 percent. In other words, using that range, a person could register between a 0.095 percent and 0.65 percent, or between a 0.18 percent and 0.12 percent, or between 0.26 and 0.23 percent. After a few months of use, the breathalyzer stopped working and I need to send it to the manufacturer.

While on the face of it, it might seem as though this range is too large to help drivers know whether they are okay to drive because if a person is actually at a 0.08 percent, the breathalyzer reading can show results as high as 0.095 percent and as low as 0.065 percent. Having said that, if a person knows that a breathalyzer is less than accurate and shows a blood alcohol content of 0.065 percent, they may know that they might actually be at a 0.08 percent and abstain from driving. And bear in mind that this is one of the less accurate handheld breathalyzers.

At a minimum, having a personal breathalyzer might help people bridge the gap between how a person perceives what their intoxication level is and what their blood alcohol content is. And while many breathalyzers might not provide an accurate reading, it might still prevent people from driving merely knowing that they are close to the limit. And knowing a range is certainly better than knowing nothing and making a stupid guess.

 

Share