States urged to reduce BAC level to 0.05

Posted by Craig Penrod | Mar 07, 2014 | 0 Comments

If it the National Transportation Safety Board (NTSB) gets it's way, individuals in the state of Arizona who are arrested for driving under the influence (DUI) upon driving with a blood alcohol concentration (BAC) above 0.05 percent will have their driver's license suspended for a period of 90 days upon conviction for a first offense.

In Tempe, Phoenix or other communities in Maricopa County, drivers under the influence of alcohol pose a threat to themselves, passengers in their vehicle and other drivers on the road. According to the Centers for Disease Control and Prevention, one in every three deaths that occur as a consequence of a vehicle accident involves alcohol in some way. It is important that you consult Arizona lawyers experienced in DUI and related offenses like those associated with the Law Offices of Craig W. Penrod, P.C.

The recommendation by NTSB is designed to reduce the number of fatalities and accidents caused by DUI. Every state has defined DUI with a BAC level at 0.08 percent or above as a crime with penalties that vary by state. According to the Governors Highway Safety Association, individuals in the state of Arizona who are arrested on a charge of DUI when they are caught driving with a BAC above 0.08 percent have their driver's license suspended for a period of 90 days upon conviction for a first offense.

The national standard of 0.08 percent for BAC was enacted in 2000. In order to persuade states to accept this standard for BAC, states would be prohibited from receiving funding for highway construction.

Recently, NTSB announced that states should be encouraged to reduce the legal limit for BAC from 0.08 percent to 0.05 percent. NTSB officials hope that this new restriction will sufficiently limit drink and drive, thus reducing the number of annual fatalities caused by DUI every year.

Opposition to this NTSB recommendation remains strong. The director of the American Beverage Institute suggested that if this recommendation became law it would lead to responsible drinking behavior becoming a criminal offense.

Factors that contribute to a safe BAC level include:

  • the number of drinks a person had;
  • how fast they consumed their drinks;
  • whether they are male or female;
  • how much a person weighs; and
  • the amount of food they had in their stomach while drinking.

While this NTSB recommendation may reduce the number of alcohol-related fatalities, it may also cause responsible drinkers to be criminalized for their actions.

It is important that your legal situation should be handled by expert professionals with the experience possessed by the attorneys at the Law Offices of Craig W. Penrod, P.C. Our office offers free consultations for all DUI and criminal matters. Our Arizona DUI attorneys and Arizona criminal lawyers can provide you with the experience and knowledge needed for qualified representation. An experienced Arizona DUI lawyer is vital in DUI cases and our DUI attorneys set that standard. If you're in need of a criminal defense, our Arizona criminal attorneys are ready to assist you.

About the Author

Craig Penrod

Craig W. Penrod was born and raised in Arizona and has practiced criminal defense for over 30 years. Mr. Penrod is a member of the State Bar of Arizona, Maricopa County Bar Association, State of Nevada Bar Association, American Bar Association, American Trial Lawyers Association, Arizona Trial Lawyers Association, Nevada Trial Lawyers Association, Arizona Attorneys for Criminal Justice and the National Association of Criminal Defense Lawyers.


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