Utah’s Strict New BAC Law Indicates Trend of Stronger DUI Enforcement
Utah’s new law lowering the legal BAC limit from 0.08 to 0.05 indicates a general trend of stronger DUI enforcement in the United States. While Oklahoma’s BAC limit is still 0.08, at least one other state besides Utah has begun cracking down on DUI drivers too.
Utah has one of the lowest rates of alcohol-related traffic deaths in the United States, probably due to its strict limits on alcohol purchase and consumption. The state has laws that limit the strength of beer and ban individuals from importing and transporting alcohol into Utah from another state.
Utah drunk driving rates, though, remain high. Police have reported an average 30 DUI arrests every day. Consequently, Utah has enacted a new law lowering the BAC limit to 0.05 that went into effect on December 30, 2018. People found driving with BACs over 0.05 can be arrested for driving under the influence.
While proponents of the new BAC limit hope other states will adopt similar low limits, opponents argue that drivers with a 0.05 limit are not meaningfully impaired. Not surprisingly, alcoholic beverage makers oppose the law.
Another state is following the same trend toward stronger DUI enforcement – Pennsylvania. It long had no felony charges available for people with prior DUI convictions. A new law just went into effect in December that makes driving under the influence with a 0.16 BAC and two prior offenses a felony. In addition, a fourth or more DUI offense is also now a felony. Penalties for offenders who cause someone’s death while driving drunk are higher too.
Could these changes in two different states be a sign that even stricter enforcement is yet to come? Or will other states pass new DUI laws soon? The immediate effects of the laws are still unclear, and it will take time to see what other states do. In the meantime, remember that Oklahoma still has a 0.08 BAC limit and no sign of a change anytime soon.
Interested in seeking legal help for your DUI charge? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, assesses his clients’ best options for defenses and sentencing. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.