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Traffic Tech #220: Setting Limits, Saving Lives Booklet Updates The Case For .08 BAC Laws


Number 220                                                             April 2000

U.S. Department of Transportation
National Highway Traffic Safety Administration
400 Seventh Street, S.W., Washington, DC 20590

SETTING LIMITS, SAVING LIVES BOOKLET UPDATES THE CASE FOR .08 BAC LAWS

Impaired driving is the most frequently committed violent crime in America. Every 33 minutes, someone in this country dies in an alcohol-related crash. For many years, we were making good progress. Due to the tireless efforts of many organizations and citizens around the country, alcohol-related traffic deaths decreased significantly. In the last decade, alcohol-related fatalities dropped from 23,630 in 1988 to 15,935 in 1998. In addition to these deaths, another one million people are injured in alcohol-related traffic crashes annually. These crashes cost society over $45 billion every year for things like emergency and acute health care costs; long-term care and rehabilitation; police and judicial services; insurance; disability and workers' compensation; lost productivity; and social services for those who cannot return to work and support their families.

A new 36 page booklet, Setting Limits, Saving Lives, sponsored by the National Safety Council and the National Highway Traffic Safety Administration (NHTSA) presents the case for lowering BAC levels to .08 in every state and updates a 1997 publication (See Traffic Tech 153, May 1997).

In the United States, BAC (Blood Alcohol Concentration) levels are set by the states. As of 1999, 17 states plus the District of Columbia have lowered their limit to .08 from .10 BAC.

What is BAC?

The amount of alcohol in a person's body is measured by the weight of the alcohol in a certain volume of blood. This is called the blood alcohol concentration, or BAC. Because the volume of blood varies with the size of a person, BAC establishes an objective measure to determine levels of impairment. A driver's BAC can be measured by testing the blood, breath, urine, or saliva. Breath testing is the primary method used by law enforcement agencies.

All states but two (Massachusetts and South Carolina) have established BAC per se levels. An illegal per se law makes it illegal in and of itself to drive with an alcohol concentration measured at or above the established level whether or not a driver exhibits visible signs of intoxication.

The Effect of Alcohol on Ability

With each drink consumed, a person's BAC increases. Although outward appearances vary, virtually all drivers are substantially impaired at .08 BAC. Laboratory and on-road research shows that the vast majority of drivers, even experienced drivers, are significantly impaired at .08 BAC in critical driving tasks such as braking, steering, lane changing, judgement, and divided attention. In a recent study of 168 drivers, everyone was significantly impaired on at least one measure of driving performance at .08 BAC and on any given measure, the majority of drivers (60-94%) were impaired at .08 BAC. This is regardless of age, gender, or driving experience.

Setting Limits, Saving Lives describes how BAC is measured, what .08 BAC means, and lists the alcohol-related fatalities for each state along with their BAC level and kind of law. There are definitions of the four key impaired driving laws (Illegal per se, Administrative License Revocation, Zero Tolerance, and .08 BAC) and results from evaluations of the effects of these laws. The report summarizes three new studies documenting the effectiveness of .08 BAC laws particularly when they are implemented in conjunction with other impaired driving laws and programs. Nearly all of the findings of these and previous studies show changes that suggest that .08 BAC legislation (as well as .10 BAC laws and ALR laws) have contributed to the trend towards reduced alcohol-related crashes and fatalities that have been experienced across the nation.

Myths about .08 BAC
Myths about .08 abound, many proliferated by those who actively oppose .08 laws. Here are a few:

MYTH:   "If you lower the BAC limit to .08, it means I can't even have a couple of drinks with my dinner."
FACT:   While there is no "safe" amount of alcohol for drivers, most people can drink moderately and drive legally when the illegal per se limit is set at .08. A 170-pound male typically would have to consume more than four drinks in one hour on an empty stomach to reach a BAC of .08. A 135-pound female typically would have to consume three drinks in the same time frame.

MYTH:   "I know when I'm 'too drunk to drive'--I don't need to be concerned about my blood alcohol concentration."
FACT:   Your driving skills can be seriously compromised even when your behavior is not observably "drunk." Alcohol causes impairment in reaction time, attention, tracking, comprehension and other skills essential for safe driving. Even when attempting to drive carefully, an impaired driver cannot compensate for those reduced abilities. In addition, alcohol affects your ability to judge whether or not you are impaired.

MYTH:   ".08 legislation will not affect problem drinker drivers who have high BAC levels."
FACT:    The latest research shows that .08 laws not only reduce the incidence of impaired driving at lower BACs, they also reduce the incidence of impaired driving at high BACs over .10. A .08 law serves as a general deterrent to drinking and driving, sends a message that the state is getting tougher on impaired driving, and makes people think twice about getting behind the wheel after they've had too much to drink. .08 is a key part of a complete package to reduce impaired driving. While problem drinker drivers do account for a significant part of the DWI problem, most fatally injured drinking drivers (70-80%) had no prior alcohol-related offenses. A comprehensive anti-impaired driving program must use all available laws and programs to reduce DWI.

We Know What Works

We know what works to reduce the incidence of impaired driving -- a combination of

The booklet concludes with a summary of consumer education and public support for .08 BAC laws. Mothers Against Drunk Driving (MADD) offers suggestions on "What You Can Do" to become part of the activities underway to reduce the BAC level to .08. There are sections describing resources, organizations, approaches, and materials and others that present the facts on .08, the facts of the impaired driving problem, and the facts on the economic issues. There is a model .08 law in an appendix.

HOW TO ORDER
For a copy of Setting Limits, Saving Lives, write to Media and Marketing, NHTSA, NTS-21, 400 Seventh Street, S.W., Washington, DC 20590, or send a fax to (202) 493-2062.

U.S. Department
of Transportation
National Highway
Traffic Safety
Administration

400 Seventh Street, S.W. NTS-31
Washington, DC 20590

Traffic Tech is a publication to disseminate
information about traffic safety programs,
including evaluations, innovative programs,
and new publications. Feel free to copy it as you wish.
If you would like to receive a copy contact:
Linda Cosgrove, Ph.D., Editor, Evaluation Staff
Traffic Safety Programs
(202) 366-2759, fax (202) 366-7096
mailto:lcosgrove@nhtsa.dot.gov




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