New Proposed Blood Alcohol Level Change in Massachusetts

Will Massachusetts Reduce the Blood Alcohol Content Limit from .08 to .05?

Federal officials at the National Transportation Safety Board (NTSB) has recommended that all 50 states lower the .08 blood-alcohol content rate to .05. It believes reducing the threshold will reduce the number of deaths involved in drunk-driving (currently at about 10,000 deaths a year) and will help eliminate drunk driving altogether. The NTSB claims that about 31% of all fatal highway accidents are attributed to alcohol impairment.

The board will consider recommending that states expand laws allowing police to confiscate licenses from drivers who exceed the blood alcohol limits. Massachusetts already imposes an immediate 30-day loss of license upon an OUI arrest. If the officer doesn't confiscate a driver's license at arrest, the license will be turned into the court later. Still, a driver charged with an OUI in Massachusetts whose license has not been confiscated, should not drive during the automatic 30-day loss of license.

The NTSB is also pushing for laws requiring all first-time offenders to have ignition locking devices that prevent cars from starting until breath samples are analyzed. In Massachusetts, this requirement is not imposed until a second offense (and even then, depending on the time between the first and second offenses and other factors, second offenders may receive an OUI-first disposition).

The NTSB is not a law-generating body, but it is able to influence like-minded legislators. Of course, the administrative body of the board will likely offer financial incentives to states to follow its recommendations. The results of the debate remain to be seen.

By Kathleen B. Reynolds Esq.
www.criminaldefenselawyersma.com
kreynolds@blackvitelli.com

Woburn MA
781.277.7399