The National Academies of Sciences, Engineering, and Medicine is promoting legislation aimed at persuading states to lower the legal limit of alcohol (blood alcohol concentration) in a person’s system from .08 to .05. In an earlier blog, I shared that Utah has already lowered the legal limit to .05. The law is slated to go into effect on December 30 of this year.
To give it some perspective, a male weighing 140 pounds would be close to that limit if he had two drinks in an hour. A female weighing approximately 120 pounds would be at or near .05 if she had one drink in an hour. The Academy’s report also strongly suggests that states increase alcohol taxes, create stricter regulations on alcohol advertising, encourage broader use of ignition interlock devices, pass and stricter laws on the sale of alcohol to minors. You can read more about their recommendations, here.
Remember, a person can be arrested under the common law DUI theory in Kansas even when he or she is under the blood alcohol concentration limit of .08. This means that if a person exhibits signs that they are under the influence, to a degree, they are incapable of safely driving and officers may place them under arrest.
Everyone makes mistakes, including law enforcement. If you have been arrested for a crime, remember, that does not mean you are guilty. If you need to defend claims of illegal conduct, please contact me. With over sixteen years of experience defending allegations of criminal conduct and DUIs, I am ready and able to help you.
Stay safe, folks.