Utah Becomes First State to Lower Legal BAC to 0.05

Utah Becomes First State to Lower Legal BAC to 0.05

January 9, 2019

Utah recently made the historic move of lowering the legal blood alcohol content (BAC) for drivers from 0.08 percent to 0.05 percent. The new law, which took effect in early January 2019, could set a new precedent for other states around the nation weighing lower BAC restrictions on drivers. Some restaurant owners, beverage industry professionals and privacy advocates worry, however, that the new lower limit could place an undue burden on citizens and result in a higher number of driving under the influence (DUI) charges.

If you’re charged with a DUI, the first thing that you should do is consult with a qualified DUI lawyer in Cincinnati, OH. Working with a trusted lawyer is the best way to protect your rights and help you stave off potential legal consequences.

Because Utah’s new law could spell change throughout the rest of the nation, it’s important for savvy drivers to possess a thorough understanding of the new laws in Utah so that they can be prepared for potential future changes to come in their own state. Here are just a few fast facts about Utah’s new DUI laws to keep in mind:

  • Enforcement is the same: While the legal limit in Utah is changing, don’t expect that to mean that there will be more cops out on the road. Utah officials say that the way that they enforce DUI laws is remaining the same, meaning that they don’t expect there to be a large spike in arrests and fines.
  • BAC varies person to person: There’s no universal way to predict your own blood alcohol content. Generally speaking, men metabolize alcohol more slowly than women, and people with more body mass metabolize alcohol more slowly than people with less body mass.
  • Data is important: The State of Utah plans to collect and analyze data studying the effects of the law over the next three to five years. This data will be used to determine what effect, if any, the new law has on road safety and fatality rates.
  • Testing is only required when under arrest: In Utah, blood, urine and breath tests are only compulsory when under arrest. Volunteering to undertake a test, however, is usually advisable if you haven’t been drinking, or if you believe that your BAC is under the low legal limit.
  • Utah sets precedent: This isn’t the first time that Utah has set its BAC limitations at a national low—in fact, Utah was the first state to establish a BAC limit of 0.08 percent in 1983. Previously, the BAC in Utah and most other states sat at 0.1 percent.

Since 2013, Herzner Law, LLC has been providing motorists with quality legal representation. We’re proud to be a trusted DUI lawyer in Cincinnati, OH. We work extensively with our clients to help them obtain favorable and just legal outcomes. To learn more about ways that we can help you fight your DUI charges and regain your ability to drive, reach out to one of our friendly, trusted representatives today.

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