Lena Savoie
In the United States, the legal blood alcohol concentration (BAC) limit for driving is 0.08 in almost every state. However, Utah has stricter alcohol laws, and its legal BAC limit is 0.05. This means that a person can be charged with a DUI if their BAC meets or exceeds this limit, even if they don't exhibit signs of impaired driving. The state's strict alcohol laws also include restrictions on purchasing beverages with high alcohol content and a \not a drop\ law for drivers under 21. Since the implementation of the lower BAC limit, Utah has seen a decrease in traffic deaths and an increase in drivers arranging for sober rides home.
| Characteristics | Values |
|---|---|
| Legal blood alcohol concentration (BAC) limit in Utah | 0.05% |
| Common BAC limit in most other states | 0.08% |
| BAC limit for drivers under 21 | "Not a drop" |
| BAC limit for commercial drivers | 0.04% |
| Arrests for driving under the influence in 2016 | 8,828 |
| Arrests for driving under the influence in 2019 | 8,512 |
| Fatal crash rate in 2016 | 259 |
| Fatal crash rate in 2019 | 225 |
| Fatality rate in 2016 | 281 |
| Fatality rate in 2019 | 248 |
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What You'll Learn
Utah's legal blood alcohol concentration (BAC) limit is 0.05%
In the United States, the blood alcohol concentration (BAC) limit for driving is typically 0.08% across all states. However, Utah has implemented a stricter limit of 0.05%, making it the first state to do so. This means that in Utah, it is illegal to drive with a BAC of 0.05% or higher, and you can be charged with a DUI (driving under the influence).
The BAC limit in Utah was lowered from the standard 0.08% to 0.05% through the passing of HB155 in 2017, which came into effect in December 2018. This change was based on suggestions from the National Transportation Safety Board (NTSB) and aimed to improve road safety and reduce drunk driving-related incidents and fatalities. According to the Utah Department of Highway Safety, even levels below 0.08% can pose safety hazards. Laboratory findings from the NTSB support this, showing that levels lower than the 0.05% limit can impair driving ability.
The impact of Utah's reduced BAC limit has been positive. The National Highway Traffic Safety Administration (NHTSA) reported a decrease in traffic deaths and an increase in the number of drivers arranging for sober rides home. In 2019, the first year under the new limit, Utah's fatal crash rate dropped by 19.8%, and the fatality rate decreased by 18.3%. This reduction in crash and fatality rates was more significant than the national average, demonstrating the effectiveness of the lower BAC limit.
It's important to note that while the BAC limit provides a quantitative measure, law enforcement officers in Utah are also trained to recognize signs of driver impairment. They can pull over drivers suspected of being impaired and investigate further. Additionally, Utah has strict laws for underage drivers (under 21 years old), with a "not a drop" law that prohibits any detectable amount of alcohol in their system while driving, resulting in a DUI charge.
Utah's success in reducing drunk driving-related incidents and improving road safety has led other states to consider following suit. The Transportation Department has indicated its willingness to perform similar impact evaluations for states interested in adopting a 0.05% BAC limit.
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The limit used to be 0.08%
Utah's Department of Highway Safety stated that the law was intended to keep roads safer. They cited laboratory findings from the National Transportation Safety Board (NTSB), which showed that levels below the new 0.05 limit could pose safety hazards. For example, participants with a BAC of 0.001-0.009 deviated in lanes and had their attention divided.
The NTSB had suggested lowering the legal BAC limit in 2013 when they released a safety report discussing the history of drunk driving laws and ways to increase public safety. The report showed a downward trend in impairment-related fatalities since the 1980s, when the National Minimum Drinking Age Act set the legal drinking age to 21. However, from 1995 to 2011, the data plateaued, with these types of fatalities consistently accounting for 30-32% of all fatalities.
Utah is the first state to adopt the 0.05% blood alcohol concentration limit.
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The change in law has reduced fatal crashes
In Utah, the legal blood alcohol concentration (BAC) limit for driving is 0.05 grams, lower than the more common limit of 0.08 imposed in most other states. This change in the law was implemented in 2018, and it has shown promising results in reducing fatal crashes and improving road safety.
Utah's impaired driving law has led to a significant decrease in traffic deaths and an increase in the number of drivers arranging for sober rides home. The National Highway Traffic Safety Administration (NHTSA) found that in 2019, the first year under the lower legal limit, Utah's fatal crash rate dropped by 19.8%, and the fatality rate decreased by 18.3%. This reduction in the overall fatality rate translates to 248 fatalities in 2019, compared to 281 in 2016, the last full year before the law change.
The law change has also resulted in a reduction in drunk driving-related deaths. Despite an increase in total vehicle miles traveled in 2019, the first year the new law was in effect, state agency data revealed that roads became safer in Utah. This indicates that the lower BAC limit has contributed to enhanced road safety and a decrease in drunk driving incidents.
Furthermore, the change in the law has not led to the economic impacts that were predicted. Alcohol-impaired driving arrests did not increase sharply, and there was no significant decline in revenue from alcohol sales, tourism, or taxes. Instead, profits from alcohol sales and taxes continued to increase after the law took effect.
The reduction of the legal BAC limit in Utah from 0.08 to 0.05 has therefore played a crucial role in improving road safety and reducing fatal crashes. The state's experience serves as a valuable example for other states considering similar measures to enhance road safety and save lives.
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The change in law has not increased DUI arrests
In 2017, Utah passed a law that lowered the legal blood alcohol concentration (BAC) limit for driving from 0.08% to 0.05%. This change in legislation aimed to improve road safety and reduce drunk driving-related fatalities. Utah became the first state to implement such a measure, and it has since sparked interest from other states considering similar actions.
Despite fears that the new law would lead to a sharp increase in DUI arrests, data from the National Highway Traffic Safety Administration (NHTSA) and the Transportation Department shows that this was not the case. In 2016, the last full year before the law changed, there were 8,828 DUI arrests in Utah. Under the new law in 2019, the number of arrests was 8,512, a slight decrease. While arrests for BAC levels between 0.05% and 0.079% increased, arrests for BAC levels of 0.08% and higher decreased, indicating that drivers were less intoxicated after the law took effect.
The NHTSA study also found that Utah's fatal crash rate and fatality rate decreased in 2019, the first year under the new law, with a reduction of nearly 20% in fatal crashes. This reduction in drunk driving-related deaths and crashes demonstrates the positive impact of the lower BAC limit. Additionally, there were no significant economic impacts as some had predicted. Alcohol sales, tourism, and tax revenue either remained stable or continued to increase after the law took effect.
While the change in law has not led to an increase in DUI arrests, it has contributed to a notable improvement in road safety and a reduction in drunk driving-related incidents in Utah. The state's experience serves as a valuable case study for other states considering similar measures to enhance road safety and save lives. The data suggests that lowering the legal BAC limit can effectively deter impaired driving and encourage safer driving behaviors.
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Drivers under 21 cannot have any alcohol in their system
In Utah, the legal blood alcohol concentration (BAC) limit for driving is 0.05 grams, which is lower than the more common limit of 0.08% imposed in most other states. This means that in Utah, you can be charged with a per se DUI if your BAC meets or exceeds this limit.
However, it's important to note that separate legal limits exist for underage drivers, commercial drivers, and alcohol-restricted drivers. For drivers under 21, Utah has a strict "not a drop" law, which means any detectable amount of alcohol in their system while driving is illegal and can result in a DUI charge. This law is similar to the laws that apply to underage drivers, who are subject to even harsher standards.
The "not a drop" law highlights the critical nature of time when it comes to a DUI charge in Utah. The sooner you act, the better your chances of a favourable outcome. It is recommended that you reach out to a skilled DUI lawyer as soon as possible to navigate your case and protect your future.
In addition to the BAC limit, Utah also has implied consent laws, which require drivers arrested for a DUI to submit to a breath or blood test. Refusing to take the test can result in automatic license suspension and other harsh penalties. It is important to understand your rights and seek legal assistance to protect your driving privileges.
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Frequently asked questions
The legal BAC limit in Utah is 0.05 grams or 0.05%. This is lower than the more common limit of 0.08% imposed in most other states.
The amount of alcohol you can drink before driving depends on a number of factors, including your sex and body weight. If you're a 180-pound man, three drinks would put you at 0.06, and two drinks would put you at 0.04. If you're a woman with the same weight, you'll likely hit the threshold at two drinks. So you could only drink one.
The penalties for a DUI in Utah vary by offense and can include jail time, fines, license suspension, and IID requirements.
