How Politics Affects DUI Laws
Utah lawmakers recently agreed to lower Utah’s blood alcohol limit for drivers to 0.05%. The decision highlights a national trend toward extreme enforcement of drunk driving steered by politicians, rather than voters. Indeed, some Utah voters believe that the bill, which was primarily supported by non-drinking Mormons, is a step in the wrong direction. Other countries have low BAC limits Oklahoma’s recent voter ballot initiative that reduces drug possession charges from felonies to misdemeanors and its upcoming ballot question about legalization of medical marijuana may indicate that the state’s voters are at odds with state lawmakers on how stringent DUI laws, like drug laws, should be.
When drunk driving laws that included blood alcohol content (BAC) were first enacted, they included BAC limits of around 0.15% on the recommendation of the American Medical Association’s Committee on Street and Highway Accidents, and the National Safety Council’s Committee on Tests for Driver Intoxication. Low enforcement rates spurred concerned citizens to push for lower BAC. In 1960, the recommended BAC was lowered to 0.10%. Soon, these citizens started pushing for even lower BAC rates, and several states lowered the BAC in their statutes to 0.08% in the 1990s. Today, federal funding stipulations effectively require states to keep their BAC at 0.08% or lower.
Some people think that the Utah 0.05% BAC law goes too far, including Candy Lightner, the founder of Mothers Against Drunk Driving. MADD is one of the groups that vocally pushed for lower and lower BAC over the years. Ms. Lightner’s recent op-ed claims that states have lost focus on distracted driving, drivers with very high BAC, and other concerns. Instead, she says, states are arresting drivers with low BAC and ignoring people with serious substance abuse problems. Indeed, the NHTSA recently recommended that the BAC be lowered nationwide to 0.05%.
Should political pressure influence BAC limits and DUI laws? That is a hard question to answer. History shows that recommendations of BAC limits have changed over time in the United States, which could be in response to external pressures and changes in society. Whether Oklahoma voters will respond to Utah’s new 0.05% limit or whether other states will follow suit remains to be seen.
Have you been charged with a DUI in Oklahoma and don’t know where to turn? Seek out the attorney who knows the system. 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, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.