NTSB Wants a .05% BAC for DUI Drivers- A Pennsylvania Perspective

The National Traffic Safety Board (NTSB) has made two startling proposals in its effort to combat drunk driving.  First, they would like to lower the BAC to .05% and second, they would like to make ignition interlocks a standard punishment for first offense DUI cases.

In both cases, the efforts of the federal government are not tied to safety.  Instead, they are tied to money.

Let's begin with the ignition interlock proposal.   Over 70% of all DUI cases in the United States are first time offenses.  Thus, only 30% of all DUI offenders are likely to re-offend.  Moreover, if we look at the multiple offense category, we can see that the number of individual offenders is even lower than 30%.  So...  Is there a need for ignition interlock?  Of course not.

With regard to the .05% standard:  We must first understand that DUI is not "drunk driving."  The intoxication "high" of alcohol is different in each and every one of us.  For me, personally, I am "drunk" after two beers because I have a low alcohol tolerance.  However, for others, a six pack just barely makes a dent in their normal behavior.  Thus, we must understand that not everyone who drinks is drunk.

How many drinks does it take to equal a .05% BAC?  The answer for most of us is 2.5 12 ounce beers.  Or, two 16 oz. beers or, just over a pant of beer.  If you are drinking at a microbrewery, you will be legally drunk (.05%) after just one beer.   Are you "drunk" after one beer?  Of course not.

The biggest issue here is money.  The federal government has the ability to impose this limit on the states by restricting federal highway funds from any state that does not comply with its wishes.  In the early part of the last decade, the federal government made this unequivocally clear when it mandated a change to .08%.

The government is long on platitudes about saving lives but short on research as to how a .05% BAC threshold would be favorable to the current .08% threshold.  This is because the federal government does not have any such research to support its scientific conclusion.  Rather, they simply want to play the political game of "drunk driving is bad."

Clearly, drunk driving is bad.  But, what is "drunk?"  The government's attempt to quantify drunk first began with the premise that a person with a BAC above a .10% was legally intoxicated.  This presumption forms the foundation of the most commonly accepted tests associated with DUI cases:  Field Sobriety Testing and Breath Testing.

Field Sobriety Tests are purportedly an objective means of determining whether the subject indivual has a BAC above .10%.   They are not sufficient to determine if a person has a BAC below a .10%.  They certainly are useless to determine if a person has a BAC of .05%.  Thus, the police do not have an objective means of determining whether or not he has probable cause to believe a person's BAC is above a .05%.  How many false arrests will result from a police officer's reliance upon the mere smell of alcohol.

DUI Breath Testing, which is clearly inaccurate for a number of reasons, relies upon a simulator solution that simulates a BAC of .10%.  In Pennsylvania, the BAC was not calibrated to determine if the BAC was below a .05%.  Thus, there is a substantial potential for an inaccurate result.

Finally, an most importantly, the lower BAC suggests a criminalization of two behaviors that, taken separately are not illegal.  First and foremost, it is not illegal to consume a couple of beers.  It is not illegal to safely operate a motor vehicle on the highway.  If the NTSB has its way, it will be illegal to stop for a couple of beers after work and return home a short time later.

We need to recognize that DUI does not happen in the inner-city.  DUI occurs in the suburbs and rural areas.  DUI disproportionately impacts males.  DUI disproportionately impacts the employed.  DUI disproportionately impacts those who live in rural and suburban areas. 

The MADD lobby has made DUI a difficult offense to defense because prosecutors, judges, and legislatures do not want to be seen as soft on "crime."  A good friend said this...  "There are three types of cases that a prosecutor will never negotiate-  Child Sex, Murder, and DUI - and of these three, DUI is only one that has no victim in over 95% of all cases."

More importantly the MADD lobby has created robot legislators who will adopt financial penalties for DUI that do not benefit DUI reduction efforts.  In Pennsylvania, DUI defendants pay surcharges totalling nearly $2000.00 including a "Crime Victim's Fund,"  a "Firearms Training Fund" and many others.


As a Pennsylvania DUI Lawyer, I earn a living helping people charged with DUI.  The increased scrutiny upon the motoring public will certainly raise my income.  However, I would sacrifice this extra income for the protection of knowing the government is making rational decisions to combat DUI rather than simply attempting to grow revenue by treating good people like criminals.

The Morgan Law Firm
www.fdeanmorgan.com
1-888-821-9446

Can I represent myself against a DUI?

DUI Defense is not a Do-It-Yourself project.  The law is incredibly complex.  Self-representation is foolish.

Let's start with the basics.  Do you know where to stand in the courtroom?  Does that matter?  Yes, of course it matters.  When I train my new attorneys I often ask them this question:  If you walk into the courtroom that is empty, where will you put your stuff?

If you cannot answer this question.  DO NOT REPRESENT YOURSELF

Call us today at 1-888-821-9446
Free Case Evaluation

The Morgan Law Firm
www.fdeanmorgan.com

Should you refuse a DUI Blood Test?

A local lawyer appears on the radio.  There is nothing wrong with appearing on the radio and offering general legal information.  However, this is where the law and media coupling gets tricky.

I recently found myself in the position of helping a client through a DUI w/ Refusal.  When I asked him why he chose to refuse the blood test, he responded "[Radio Lawyer] said I should refuse all testing."  Certainly, this lawyer did not intend to make such a broad statement.  To do so would be malpractice.  Moreover, to do so would result in substantial consequences to his listeners, just as it did here.

I believe that Radio Lawyer stated that a person should not comply with a request for field sobriety tests.  This would be appropriate advice.  However, when broadcast to the masses, the message gets lost.

Here is the straight scoop:  If the police suspect that you are operating a motor vehicle after imbibing alcohol they may request you submit to a chemical test.  If you refuse to comply, you may suffer a license suspension of 12 or 18 months.  This is distinct from the criminal charges you may face.

Because you refused, you criminal charges will be treated exactly the same as an individual with a BAC above .16%. Moreover, in some cases, you will be ineligible for the ARD Program.

The Morgan Law Firm has helped hundreds of clients charged with DUI.  In many cases, we have helped our clients achieve successful outcomes.  We may be able to help you.

Free DUI Case Evaluation

The Morgan Law Firm
www.fdeanmorgan.com
1-888-821-9446

Negotiating Reduced Charges in Pennsylvania DUI Cases

In Pennsylvania, DUI charges are brought by the police.  The charges are generally based upon a person's Blood Alcohol Content or BAC in conjunction with the Pennsylvania DUI Statue, 75 Pa.C.S.A. 3802.  

Over 60% of all DUI cases are First Offense.  In the majority of these cases, the individual charged has no prior record.  Most of the people charged with DUI are otherwise law abiding citizens.

Pennsylvania DUI Penalties can be harsh.  For a first offense DUI, the defendant can be sentenced to incarceration and lose his/her license for a period of 12 months.  Obviously, this restricts the individual's ability to earn a living. 

Unfortunately, the DUI penalties disproportionately impact good people with no prior criminal history.  Thus, many of clients seek a reduction or a dismissal of DUI charges.

The Morgan Law Firm has been successful in resolving many cases through a reduction or dismissal of DUI charges.  However, we are successful because we challenge every aspect of the case.  We look for defenses and/or weaknesses in the prosecutor's case.  We understand the mindset of the prosecutors and we will work to be assured that the outcome of your case is the best possible outcome.

We cannot guarantee your charges will be reduced.  However, we will promise to look at every aspect of your case before we make any recommendation.  Contact us today  1-888-821-9446 or submit your information online to www.DUI-Case-Evaluation.com