State lawmakers are considering legislation to address individuals driving under the influence. Across most states, the existing blood alcohol concentration (BAC) threshold sits at .08 grams of alcohol per deciliter (g/dL). However, with drunk drivers killing 13,384 Americans in 2021, a 14% increase from 2020, lawmakers are looking to lower the threshold and enhance sentencing for individuals who drive while intoxicated.
Hawaii Legislation to Lower Blood Alcohol Concentration Threshold While Driving Under the Influence
In Hawaii, SB 2384 was introduced in January 2024 to lower the blood alcohol concentration threshold for individuals driving under the influence to .05 g/dL. Legislation previously required the threshold to rest at .08 g/dL for anyone driving under the influence. This bill attempts to address drunk driving in the state and reduce fatal accidents when individuals drive under the influence. This bill awaits a hearing in the House Transportation Committee.
A committee report on the bill notes that lowering the BAC limit to 0.05 from 0.08 would save 500-800 lives annually (citing a 2013 NTSB recommendation).
New York Bill to Lower Blood Alcohol Concentration Level While Aggravated and Intoxicated
In New York, SB 776 was introduced in January 2024 to lower the existing BAC threshold for individuals driving under the influence from .08 to .05 g/dL. This bill would lower the blood alcohol concentration threshold for aggravated driving while intoxicated from .18 g/dL to .12 g/dL. This legislation was referred to the Senate Transportation Committee where it awaits further consideration.
The justification for the legislation notes the U.S. trails the rest of the world in lowering the drunk driving standard and has a more lenient BAC for driving than 100 countries. If passed, New York would become the second in the country to adopt a lower BAC standard.
Tennessee Bill to Lower the Threshold for Enhancing Prison Sentences for Individuals Driving Under the Influence
In Tennessee, SB 1055 was introduced in January 2024 to lower the threshold for enhancing the sentence of an individual convicted of driving under the influence. This bill would lower the blood alcohol concentration threshold from .20 g/dL or more to .15 g/dL or more. As of April 9, 2024, the bill awaits consideration of the Senate Finance, Ways, and Means Committee.
The bill’s fiscal note states that lowering the BAC from 20% to 15% could result in an increase in the number of individuals potentially subjected to enhanced penalties by over 85%.
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