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Could the DUI limit be lowered to .05?

Last week, the Utah Legislature became the first state in the country to lower its blood alcohol limit from .08 to .05.  http://fox13now.com/2017/03/08/utah-will-become-the-first-state-to-lower-the-dui-rate-to-05/ (last visited March 15, 2017).  The Governor of Utah indicated that he will sign the bill into law.  Proponents of the bill pointed to Canada and Europe as examples of governments who have lower DUI levels than those in the U.S.  However, at least one legislator indicated that the bill made Utah look “peculiar” with respect to its drunk driving laws and could be a hindrance when trying to attract tourist dollars. 

In Indiana, as was previously discussed in a prior Keffer Barnhart LLP blog post, unless an individual is under the age of twenty-one, the blood alcohol content limit in this state is .08. http://www.kefferbarnhart.com/Blogs/2017/February/Kids-and-Kegs-Zero-Tolerance-Law.aspx.  If the individual is under the age of 21, that limit then becomes .02.

Time will certainly tell whether other states will follow Utah’s lead and lower their own BAC limits.  However, to be sure, many will be watching the change to see what impacts that change will have and what exactly will be impacted.   

Looking for a Johnson County DUI attorney that understands your criminal rights? Contact the attorneys at Keffer Barnhart LLP today if you have questions or believe your constitutional or criminal rights have been violated.  We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case.  Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.