ABI strongly opposes lowering the blood-alcohol arrest level. The move is an attack on the restaurant and hospitality industries and converts their responsible patrons into criminals. Don’t allow your state legislature or municipality to be fooled by a false narrative linking a lower BAC arrest threshold with increased traffic safety. Stand against 0.05 today.

The current nationally recognized blood-alcohol limit for driving is 0.08 BAC—which would take roughly three drinks for the average male to obtain. But recently, the National Transportation Safety Board (NTSB) has been pushing state legislators to pass laws that would lower the BAC arrest level further to 0.05 BAC—with Utah being the only state to pass legislation. While the pursuit is masqueraded behind the intention of improving traffic safety, that conclusion couldn’t be farther from the truth.

Facts are facts. A driver with a 0.05 BAC may technically be somewhat impaired, but impairment is relative. In fact, a driver who is talking on a hands-free cellphone or simply driving while over the age of 65 is more impaired than someone at 0.05.

It’s obvious why drivers with a 0.05 BAC aren’t significantly impaired, they’ve had relatively little to drink. A 120 pound woman will hit 0.05 after having little more than a single drink and a 160 pound man would be considered legally drunk after two. This makes what is usually considered responsible behavior into a criminal act.

View the BAC charts below:

Traffic Safety Stats

Traffic safety statistics further cripple the NTSB’s 0.05 argument. Only two percent of traffic fatalities involve a driver with a BAC in the disputed interval of 0.05 and 0.08. Focusing limited traffic safety resources on this group—who contribute little hazard on our roads—is not only illogical, but a misappropriation of resources. Instead, lawmakers should focus their efforts on the high-BAC and repeat offenders that are responsible for a vast majority of alcohol-related traffic deaths. In fact, about 70 percent of alcohol-related traffic fatalities involve a driver with a BAC of 0.15 or above—three times that of 0.05.

Don’t let the false narrative peddled by the NTSB and others fool you. Lowering the arrest level to 0.05 is a mistake that harms local economies, criminalizes responsible behavior, and distracts law enforcement from the biggest threats on the road.

Related Content

Lower legal blood alcohol content for driving would save lives, study shows: American Beverage Institute calls report ‘agenda-driven science at its worst’

November 14, 2017 | In The News

Predicted Labor Day crashes should lead to re-evaluation of traffic safety policies

August 30, 2017 | Op-Ed

Op-ed: Tongue-in-cheek ad shows just how unreasonable .05 law is

July 20, 2017 | Op-Ed

Representative Steve Handy Publicly Withdraws Support for .05 Law

July 13, 2017 | Press Release

Ad targets senior Utah lawmakers in response to .05 DUI law

July 12, 2017 | In The News

American Beverage Institute compares Utah’s .05 DUI law to ‘Driving While Older’

July 12, 2017 | In The News

Utah Legislature may make adjustments to controversial new DUI law

June 21, 2017 | In The News

Utah’s .05 DUI law is likely here to stay, but groups hope to tweak it

June 20, 2017 | In The News

American Beverage Institute Garners 10,000 Signatures Opposing Utah’s .05 Law

June 12, 2017 | Press Release

Online petition opposing Utah’s new DUI law hits 10K signatures

June 12, 2017 | In The News

10,000 signatures have been collected in the fight against Utah’s tough new DUI law

June 12, 2017 | In The News

American Beverage Institute Cautions Nevada Vacationers of Utah’s .05 Law in Full-Page Las Vegas Review-Journal Ad and Launches Petition Opposing .05

May 23, 2017 | Press Release

Ad targeting Utah’s .05 percent DUI law to run in Las Vegas newspaper

May 23, 2017 | In The News

Anti-DUI law ad in Nevada warns, ‘Go to Utah on vacation, leave on probation’

May 23, 2017 | In The News

Tuesday’s letters: Using roving patrols, not checkpoints, against DUIs

May 22, 2017 | Letter to the Editor

Alcohol-related deaths are rising. Will new state rules help?

May 22, 2017 | In The News

Group hits back at stringent new Utah alcohol law with ads proclaiming, ‘UTAH: Come for vacation, leave on probation’

April 25, 2017 | In The News

‘Utah: Come for vacation, leave on probation,’ says anti-DUI law campaign

April 25, 2017 | In The News

Restaurant group tells Idahoans: Don’t vacation in Utah

April 25, 2017 | In The News

American Beverage Institute Warns Idaho Vacationers of Utah’s .05 Law in Full-Page Idaho Statesman Ad

April 24, 2017 | Press Release

Utah getting toughest drunken driving limit in the US

March 23, 2017 | In The News

American Beverage Institute Condemns Gov. Herbert for Supporting .05

March 23, 2017 | Press Release

American Beverage Institute Calls on Utah Governor to Veto .05 Bill in Full-Page USA Today Ad

March 23, 2017 | Press Release

American Beverage Institute Urges Governor Herbert to Support 24/7 Sobriety Program, Not .05

March 22, 2017 | Press Release

Get ABI Email Updates

Sign up and get updates on the critical updates on alcohol policy that affect your business.