Why do US states generally set the legal BAC for drunk driving at 0.08 or 0.10?
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Even 0.08 seems fairly impaired to me; the commercial standard is 0.02, which seems a lot more reasonable. Were scientific studies used to set these levels, or was there a desire to permit a certain amount of drinking for an average sized person with immediate driving?
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Answer:
All states have adopted the federal guideline of .08. The states are free to adopt whatever level they wish, but the federal government would no longer provide federal dollars (I believe for road improvement). The NHTSA used scientific studies to come up with the .08 number. All of the DUI statutes I'm aware of address the problem of someone being intoxicated below that level with wording like - Driving under the influence OR with an alcohol concentration of .08 or greater (paraphrased from the NDCC). It is very possible to be arrested while under .08 if the officer can establish probable cause that you were impaired at that lower level.
Thomas Grosz at Quora Visit the source
Other answers
The illegal per se limit was set at 0.10% for many years. NHTSA mandated the lower limit after research indicated that virtually everyone suffered impairment at that level. As said, any state that ignores the NHTSA guidelines risks loss of highway safety funds from the federal government, and no state is flush enough to do that. In the 1980s, the American Medical Association advocated setting the limit at 0.05%, saying there was impairment at that level. The "illegal per se" clause of most DUI laws makes it unlawful to drive or be in actual physical control of a vehicle with 0.08% or more blood alcohol content (BAC), no matter how experienced a drinker one happens to be. This provision is to counter the (fallacious) argument that some people may be impaired at that level, while others are not. This doesn't mean that you're necessarily off the hook if your BAC is below 0.,08%. In most states, one can still be convicted of DUI if impairment can be shown, even if the BAC is below 0.08%. Some states have a provision that a BAC below 0.05% is evidence one is not impaired by alcohol. .
Tim Dees
Supplementary to the other answers, you can find relevant discussion in these 2001 NHTSA technical reports: http://www.nhtsa.gov/people/injury/research/pub/alcohol-laws/08History/index.htm#CONTENTS and http://www.nhtsa.gov/people/injury/research/alcoholhighway/index.htm#Contents or this tl;dr version: https://docs.google.com/a/caa.columbia.edu/viewer?a=v&q=cache%3AOQ7lG43fIpUJ%3Awww.nhtsa.gov%2Fpeople%2Finjury%2Fnew-fact-sheet03%2Ffact-sheets04%2FLaws-08BAC.pdf+legislative+history+tea-21+bac&hl=en&gl=us&pid=bl&srcid=ADGEESgNNsexc_MooJvvPryC51wX4WIGz4KseYax8qr6oDPhubc7754qKua9S9I1-RpS3T3er-fVpDUiL-EG-M2bjpZ-P01ANDX8ia2jVTRDLKkLT6CyvmeYY_W_pslxXLH20upiQzzU&sig=AHIEtbQfdjAV8d3WldFcpWtTzU510bGqtw&pli=1 See also the 2003 Notice of Proposed Rulemaking requesting public comments on the proposal (https://www.federalregister.gov/articles/2003/02/06/03-2790/operation-of-motor-vehicles-by-intoxicated-persons), and the final Federal Rule implementing the program (https://www.federalregister.gov/articles/2003/08/22/03-21492/operation-of-motor-vehicles-by-intoxicated-persons).
Ben Gardner
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