Blood alcohol concentration is defined as the amount of alcohol in a person’s blood stream. It’s often referred to as BAC and is measured by a percentage. For example, a BAC of 0.08% means there are 0.08 grams of alcohol for every 100 milliliters of blood. BAC is used to determine if someone is legally too drunk to drive. But some people believe the legal limit should be lowered to make roads safer.
BAC legal limit history
In 1998, the National Highway Traffic Safety Administration (NHTSA) implemented “a national limit, under which it would be illegal to operate a motor vehicle with a blood alcohol concentration of .08 or higher” to deter impaired driving. (one.nhtsa.gov)
The number .08% BAC was chosen at that time for the following reasons:
- Most drivers are substantially impaired at .08% BAC
- The risk of being involved in a crash increases substantially at the .08% level
- .08% BAC is a reasonable level at which to set the legal limit – it’s not normally reached with a glass or two of wine with dinner, or with a couple of beers after work
- The public supports BAC levels below .10%
- “Most other industrialized nations have set BAC limits at .08% or lower and had these laws in place for many years.”
How are blood alcohol levels measured?
Blood alcohol concentration can be measured by blood, breath or urine tests.
When you’re driving anywhere in the US, implied consent laws require that you have to submit to a blood alcohol level test if there is reason to believe you’re impaired. “Refusal to do so can result in penalties including fines, fees, and the administrative suspension of your license. The refusal to submit to testing can also be used against you in your drunk driving case.” (Forbes.com)
Alcohol legal limit for DUI today
The legal drinking limit refers to how much alcohol a person can have in their system while driving. The legal drinking limit for drivers in all American states (except for Utah) is still 0.08%. In Utah, the BAC limit is .05%. (Forbes.com)
If your BAC is higher than the limit for the state you’re driving in at the time, you are considered impaired by alcohol and can be arrested for driving under the influence (DUI). Studies have shown that even small amounts of alcohol can affect your reaction time, decision-making, and ability to drive safely.
Some countries have set their BAC limits lower, and advocates argue that lowering the limit in the US could prevent accidents and save lives.
Alcohol legal limit – zero tolerance
Most states also have an alcohol legal limit for zero tolerance. This usually applies for drivers under the age of 21 (since existing laws prohibit them to consume alcohol). Zero tolerance may also apply to commercial bus and truck drivers.
The zero tolerance BAC limit is typically much lower at 0.02%, or even zero in some states.
Many people believe that lowering the BAC limit for all drivers could help reduce the number of alcohol-related accidents and fatalities.
Legal alcohol limit in SC
In South Carolina, the legal BAC limit for most drivers is 0.08%. However, zero tolerance in SC is set at .02% for drivers under 21, and .04% for commercial drivers.
South Carolina has seen many accidents and fatalities due to impaired driving. In fact, South Carolina is the worst in the nation for fatalities due to drunk driving. This is according to a study by Simmrin Law Group. 43% of all traffic fatalities in The Palmetto State are caused by drunk drivers. That’s 474 traffic fatalities a year caused by drunk drivers! The national average is 32%.
All Offender Law
In South Carolina, a new law became effective in May 2024 that may help cut down on drunk drivers. The All Offender Law requires all individuals convicted of DUI to have a device installed in their car if they want to drive. The ignition interlock device (IID) is a breathalyzer device. It will keep the car from starting until the driver blows into it and no alcohol is detected. (dppps.sc.gov)
Prior to the All Offender Law, SC law was less strict as far as who had to have the IID installed in their car.
Should the legal limit be lowered?
Proponents say that stricter limits could lead to fewer drunk driving incidents. Opponents worry that it could unfairly punish responsible drivers who have only had a drink or two.
As mentioned before, the BAC legal limit in Utah is .05%. It is the only state with a legal limit below .08%. Utah is also has the least drunk driving fatalities, at 22% of all traffic fatalities. A study by the National Highway Traffic Safety Administration (NHTSA) shows that Utah’s impaired driving-related fatalities decreased by 18.3% after the legal limit was lowered from .08% to .05%.
Over 50 countries have a BAC limit of .05. More than 30 other countries have an even lower limit. International studies have shown that when a country lowers BAC limits from .08 to .05, alcohol-related fatal and injury crashes decrease between 5% and 10%. (NTSB.gov)
These statistics show that a lower BAC legal limit may deter drinking and driving.
Other studies and statistics
Effects of .05% BAC versus .08% BAC
.05% BAC:
- loss of fine motor control
- reduced coordination
- lowered reaction time
- impaired judgment
- low alertness
.08% BAC:
- small and large motor function control
- poor hearing, seeing, speaking and coordination
- short-term memory loss
- impaired perception
- reduced cognitive processing speed (Healthline.com)
Lowering the BAC limit might lead to fewer accidents and save lives, but it could also bring challenges. Some people believe that education and stronger enforcement of existing laws would be more effective. However, with growing concerns about alcohol-related crashes, it’s definitely a debate worth having.
Misconceptions about blood alcohol concentration
Drunker than you realize? A few facts that may make you a bad judge:
- A full stomach can slow the absorption of alcohol, but it does not mean alcohol can’t creep up on you.
- Coffee will not make you sober. Only time will.
- Carbonated beverages can cause quicker alcohol absorption.
- Stress can cause alcohol to enter your bloodstream faster.
- Women get drunk faster than men, even at the same body weight. (idrivesafely.com)
If you have been drinking, arrange for a designated driver from a friend, a cab or ride share. Don’t drive. Robert L. Sumwalt with the NTSB says the goal is to separate drinking from driving. “We don’t tell kids, you should only drive a little drunk. We teach them not to drink and drive…Americans can drink responsibly. And they can drive responsibly. But nobody can responsibly drink and drive.” (Fortune.com)
Lowering the legal BAC limit could be a step toward reducing alcohol-related accidents and saving lives, but it’s not without controversy. Some argue that stricter limits would improve road safety. Others feel that focusing on education and better enforcement might be the key. The decision to lower the legal limit should balance public safety with fairness to responsible drivers. Whether or not the limit changes, it’s important to always drive sober and make smart choices when alcohol is involved.
The Law Offices of David L. Hood: Fighting for Victims of Drunk Driving and Negligence in South Carolina
If you or a loved one suffered injuries in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood for help right away. We have served South Carolina accident victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.
