NTSB RECOMMENDS LOWERING BAC
The National Transportation Safety Board (NTSB) has voted to recommend to states that they lower the blood-alcohol content (BAC), which is used to determine drunken driving, from .08 to .05. The NTSB says that studies have shown that a person experiences impairment with depth perception and other visual functions at .05 BAC, and at .07 BAC, a person experiences impairment in cognitive abilities. In addition, the NTSB reports that at .05 BAC, the risk of having an accident increases by 39 percent. At .08 BAC, the risk of having an accident increases by more than 100 percent. The majority of the rest of the world, including most of Europe, Russia, Australia and most of South America have already set the BAC level for drunken driving at .05.
The NTSB may merely make recommendations regarding safety issues, and has no legal authority order any change to state or federal law. Therefore, individual states would have to decide whether to accept the NTSB’s recommendation, and the Department of Transportation would have to decide whether to endorse the recommendations. The move from .10 to .08 BAC levels took 21 years for each state to implement.
Naturally, the American Beverage Institute strongly opposes the NTSB’s recommendation, as does the National Governor’s Association.
Timothy Farrow, of Dash Farrow, LLP, is an experienced criminal defense attorney and former Prosecutor who handles DWI’s and crimes, misdemeanors, and traffic offenses of all levels. When you need experienced, focused, and responsive legal help, call Dash Farrow, LLP at 856-235-8300 or contact us online at www.dashfarrow.com. We serve individuals and businesses throughout Burlington and Camden County and all of South Jersey.