When you’re charged with drunk or impaired driving, it’s typically because your blood alcohol concentration (BAC) was above the legal limit. This limit exists to help keep people safe on the road. If drivers are found with a high enough BAC level, they can be charged with driving under the influence or DUI and may need to work with a South Carolina DUI defense attorney.
But America, a nation with one of the highest DUI rates in the world, also has one of the highest BAC levels across the board. The federal legal limit is 0.08% which equates to roughly four drinks in a two-hour period. And since South Carolina follows federal guidelines, people are starting to wonder if the state should lower the legal limit.
States Are Allowed to Set Their Own Limits
Though the federal limit sits at 0.08%, states are permitted to set different limits. Some states like Washington, Utah, New York, and Hawaii have limits lower than the federal limit. The aim is to deter people from drinking and driving at all. And it’s working to an extent. Drivers in Utah became much more cautious when the state lowered the BAC limit and continue to do so.
Should Our Legal BAC Level Be Lower?
From a safety standpoint, yes. Lowering the legal limit to 0.05 or lower could help reduce the number of DUI accidents and fatalities resulting from those accidents. But that doesn’t mean lowering the legal BAC limit would solve all of the state’s problems.
That lower limit would likely result in an increase in convictions. Consuming just two drinks in an hour can lead to a BAC of 0.05% and if you follow those two drinks up with another drink each hour you’re out, you’ll easily maintain that BAC level. This means having a couple of drinks at dinner or while meeting friends at a local bar could lead to a DUI conviction even if you’re still driving responsibly and safely.
What That Increase in Convictions Could Mean for the State
The more convictions there are, the more time people have to spend in DUI trials and the higher the number of jail sentences will be. This could increase the burden on the state’s budget as housing a new influx of prisoners is costly. And the increase in court cases could lead to backlogs of cases, making people wait even longer than normal.
That’s not to say that lowering the legal BAC level is a bad idea. It could keep people safer on the road in the long run. But it’s something that should only be done with caution.
South Carolina Already Has Strict Punishments
South Carolina has a very low tolerance for DUI. Individuals convicted can face license suspensions, fines, and jail time, and must install and maintain an interlock device on their vehicles for a set time. These punishments are designed to keep convicted drivers from making the same mistake in the future. But are those punishments enough? It depends.
The state still has a DUI problem, but lowering the BAC limit likely would just increase the number of convictions throughout the state. This could eventually lead to a decrease in DUIs, much like Utah experienced, but there’s no guarantee that it would. Ultimately, the decision is up to lawmakers, and if they decide to lower the limit, residents will have to adapt.
Don’t Face a DUI Charge Alone
If you’ve been charged with a DUI, you can represent yourself, but you don’t have to. At Truslow & Truslow, our team believes that everyone deserves the best defense possible. Contact us to schedule a consultation and see how we can help.