Personal Injury Law Blog

In the ongoing conversation about road safety, the question of how much alcohol is too much for drivers continues to spark debate. While the current legal limit for blood alcohol content (BAC) in the United States stands at .08, some states and experts argue that this threshold should be lowered. Utah, which reduced its legal limit to .05 in 2018, has provided valuable insight into how the change in BAC could impact road safety nationwide.

When Utah lowered its drunk driving limit to .05, the results were striking. One year later, the National Highway Traffic Safety Administration (NHTSA) reported a nearly 20 percent decrease in fatal car accidents. James Fell, a principal research scientist in traffic safety at the University of Chicago, admitted that he didn’t expect such a dramatic effect in a state like Utah, which already had one of the lowest drunk driving rates in the country.

Utah remains the only state with a .05 BAC limit. In light of rising drunk driving deaths, however, several other states like New York, Connecticut, and Hawaii are now considering similar legislation. U.S. drunk driving fatalities jumped around 33 percent between 2019 and 2022.

In Illinois, the legal limit for drivers is still set at .08. However, the state takes a strict approach to drunk driving in other ways. Illinois has a zero-tolerance policy for drivers under 21, meaning they may face a DUI charge if any alcohol is detected in their system. 

Similarly, commercial drivers face a lower BAC threshold of .04, given the increased risks associated with operating large vehicles. Penalties for DUI offenses in Illinois are severe, including fines, jail time, and license suspension. Repeat offenders and drivers with higher BAC levels face even more stringent consequences.

Research has found that reducing the national BAC limit to .05 could save hundreds of lives annually. One study suggests that such a change could result in an 11 percent decrease in alcohol-related fatal crashes, which translates to around 1,800 lives saved each year.

Yet, despite evidence supporting a lower limit, opposition from the hospitality industry remains strong. Many restaurant and bar owners argue that lowering the limit would hurt their businesses, as patrons may hesitate to order that extra glass of wine or cocktail.

However, Utah’s experience shows this fear may be unfounded. Since implementing the .05 BAC limit, the NHTSA has found that alcohol sales in the state have continued to grow, and there has been no noticeable dip in tourism. Rather than drinking less, many people choose alternate ways to get home, avoiding the risk of driving while impaired.

Despite the successes of Utah’s law, critics point out that lowering the BAC limit may not deter the most dangerous offenders — those driving with a BAC of .15 or higher. These individuals are responsible for about half of all alcohol-related fatal accidents, and they are unlikely to be influenced by any legal limit. Instead, they argue, enforcement efforts should focus more on repeat offenders and those with extremely high BAC levels.

Even so, a lower limit can still serve as a deterrent for casual drinkers who may not realize how impaired they are after just a couple of drinks. As Fell explained, most people don’t fully understand what .05 means in terms of their alcohol consumption, but they do know that the legal limit has been lowered. This change can lead to more cautious decisions, such as opting for a rideshare service or designating a sober driver.

Ultimately, the debate over how much alcohol is too much for drivers has yet to be settled. As more states consider following Utah’s lead, it is worth acknowledging that lowering the legal limit could make our roads safer and reduce the risk of car accidents.

If you have been injured in a Chicago car accident involving a drunk driver, the experienced personal injury lawyers at Briskman Briskman & Greenberg are here to help. You may be able to recover compensation for your injuries, lost wages, and other damages. Contact us today for a free initial consultation to learn more about your legal options. There is no fee unless we win your case.