0.05 BAC Law
Utah's 0.05 BAC Law: If You Drink, Don't Drive
The Goal: Prioritizing Road Safety and DUI Deterrence
The primary motivation for lowering the BAC limit was to improve traffic safety and prevent impaired driving in Utah.
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Scientific Basis: Current research shows that a person’s ability to operate a motor vehicle begins to deteriorate at a BAC below 0.05. Fatal crash risk is consistently and significantly elevated by the time a person reaches a BAC of 0.05.
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Broad Deterrent Effect: The National Transportation Safety Board (NTSB) recommended the 0.05 limit as part of a national effort, believing the lower limit acts as a broad deterrent that encourages individuals to choose not to drive after drinking in the first place. This is meant to change behavior at all BAC levels.
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Focus on Impairment: The central goal is to encourage the separation of drinking from the act of driving.
Positive Impacts on Public Safety and Behavior 📉
Evaluations have shown demonstrably positive impacts on highway safety and significant shifts in public behavior.
Crash and Fatality Data
Time series analyses of crash data showed reductions in crash rates and alcohol involvement in the period after the law became effective. (NHTSA Traffic Tech: Evaluation of Utah's .05 BAC Per Se Law, 02/2022)
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Fatal Crash Rate Reduction: From 2016 (the last full year before the law passed) to 2019 (the first full year the law was in effect), the fatal crash rate reduction in Utah was 19.8\%.
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Fatality Rate Reduction: During the same 2016 to 2019 period, Utah's fatality rate reduction was 18.3%, significantly greater than the 5.9% reduction seen in the rest of the United States.
Public Awareness and Behavior Change
The law appears to have motivated a change in planning and drinking habits among the public:
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Self-Reported Changes: In 2019, 22.1% of drinkers indicated they had changed their behavior since the law went into effect. The most common change was ensuring transportation was available when drinking away from home.
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Increased Awareness: The percentage of drinkers who knew the correct legal BAC limit increased significantly from 42% in 2018 (when the limit was 0.08%) to 74% in 2019 (when the limit was 0.05%).
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Arrests: Contrary to some concerns, DUI arrests for alcohol did not climb sharply after the law went into effect. DUI arrest data showed no large spikes in overall statewide arrests.
Economic and Tourism Considerations
One of the major objections to the new law was the hypothesized negative effect on the economy, particularly on alcohol sales, tax revenues, and tourism.
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No Negative Impact Observed: The data reviewed indicate that none of the potential negative effects of concern materialized.
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Continued Growth: Alcohol sales, per capita consumption, tourism, and tax revenues appeared to continue their increasing trends under the new law, with similar patterns observed for sales tax revenues from restaurant, rental car, hotel, and resort sales.
Law Enforcement
The approach to enforcement did not change fundamentally with the new BAC limit.
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Focus on Impairment: Law enforcement officers continue to make arrests based on observed impairment, rather than a predetermined BAC level alone. An arrest for DUI is based on the totality of circumstances (e.g., driving pattern, physical indicators, field sobriety tests).
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Officer Training: All law enforcement agencies were required to complete Standardized Field Sobriety Testing (SFST) refresher training as part of the legislation.
The Safest Choice: Plan ahead for a sober ride
Utah's experience demonstrates that lowering the legal BAC limit is a policy tool that positively influences driver behavior and significantly improves highway safety without negatively impacting the state's economy.
Every instance of impaired driving is 100% preventable. If you plan on drinking, do not get behind the wheel. Options for a safe and sober ride include designated drivers, rideshares (Uber/Lyft), Taxis, calling a friend, or taking public transit.
For more information
Utah's Impaired Driving Program
Lynda Hansen
385 290-5305
[email protected]
