Tuesday, May 14, 2013

.05% BAC Legal Limit for California Drivers? Too low, say California DUI lawyers!

Foolish federal DUI politicians are at it again, asking for a low .05 limit, California DUI lawyers say.  California DUI attorneys know this is going too far!  We already went from .15% in the '80's to .10% and then .08% by 2004.  Most of those changes were thanks to the mad folks at MADD.

Their justification?  DUI / alcohol-related road deaths dropped from 20,000 in 1980 to 9,878 in 2011.  But those deaths also may have declined at least partly due to people changing their social drinking habits, a strong commitment towards educating folks about drunk driving and an economic decline.

This new proposal is not needed, say San Diego DUI lawyers as California DUI prosecuting attorneys already prosecute drunk driving cases when the BAC is less than .08% - see this Article.

In California, there's a rebuttable presumption that (a non-commercial) driver (over the age of 21) is NOT under the influence if one's BAC is less than .05%!

It makes little sense to lower a legal driving limit to a random number that is presumed to have no impairment associated with it.

One good thing say California DUI lawyers:  the National Transportation Safety Board (NTSB) which decided this recommendation to states to reduce the limit from .08% to .05%, has no authority to change any state's laws, including California's, says San Diego DUI attorney Rick Mueller.

How are these politicians and drunk driving prosecution lawyers in California going to do with the Standardized Field Sobriety Tests? Will they then have to try to somehow illogically validate the SFST's at .05%?!  There does not seem to be any plausible way for the California DUI Prosecuting Attorney or the state "expert" to somehow possibly and logically explain away the .04% dip from the Grand Rapids study.

But they don't care.  Their goal is job security.  NTSB says about five to eight hundred people's lives would be saved each year by lowering the rate to .05% BAC.  NTSB claims over 400,000 folks died due to DUI or drunk driving driving aka alcohol-impaired driving over the past thirty years.

They'll use their political power and get MADD involved to bully states along, threatening to take road repair money away, using effective extortion.

This means it will be harder on people just to have a few drinks out on the town, say San Diego DUI lawyers.