Bipartisan effort reducing BAC limit to .05% could face opposition from both sides

(The Center Square) — State lawmakers filed a bipartisan effort Monday to reduce the standard to charge someone with driving under the influence, but there could be opposition on both sides of the aisle. 

If approved, Senate Bill 5067 would make Washington the second state to lower its per se blood alcohol concentration, or BAC limit for driving, from .08% to .05%. Utah was the first, with its law taking effect in 2018, although others have similar provisions for people with prior convictions. 

Sen. John Lovick, D-Mill Creek, proposed the measure for the upcoming legislative session, which will convene next month. Sen. Jim McCune, R-Graham, said he jumped on as a bipartisan sponsor, but despite that support, both anticipate opposition from their parties.  

“We need to change behavior, there’s no doubt about it,” McCune told The Center Square, “and I think this bill will change behavior.”

Lovich has spent years pushing the legislation, which caused 22% of drinkers to report changed behavior after the law passed in Utah. He and McCune hope it will help drive down traffic deaths after 2023 was the deadliest since 1990 with 810, about 50% involved an impaired driver.  

According to the National Institutes of Health, at least 91 countries have adopted the .05% BAC limit for driving, with 54 other nations using a standard ranging from .06% to .12%. 

Utah’s fatal crash rate dropped after the first year the law was in effect, but despite this being Washington’s third attempt in a row, there’s not much consensus on where to set the limit. 

McCune said prior attempts were met with efforts to only reduce the per se BAC to 0.06% or 0.07%. While it’s not what Lovich proposed, McCune said he would support taking it to 0.06% if that’s what it took to pass; however, Lovich told The Center Square that he disagrees. 

“There’s opposition, a little bit on both parties,” McCune told The Center Square. “It doesn’t necessarily have to be .05%, but whatever you can get going in the right direction, that’s great.”

Despite existing liabilities, both said SB 5067 would have little to no impact on bars or restaurants. McCune chalked it up to bartenders calling a taxi instead of letting someone drive home and argued the measure only deals with the legal limit, not extra rules for serving. 

However, state law allows the court to hold a bar liable if its patron injures someone while driving under the influence after leaving. A business can also face fines for over serving someone, and the drunk driver can sue because of the resulting danger. 

Lovich thinks the hospitality industry is fueling opposition to SB 5067. He argued against concerns that the change would lead to law enforcement waiting outside to catch people and said businesses already have to pay attention to avoid overserving.  

“Nothing will change the probable cause to make an arrest,” Lovich said, “to look at the driving behavior, stop the vehicle, look for order of intoxicant and give physical sobriety tests.” 

Like any legislation, if approved, it will require funding to implement, likely through educational campaigns and increased adjudications. Both were unsure how much the law would cost taxpayers but noted that the benefits would outweigh whatever it is in the long run. 

Washington is currently facing a budget deficit of upwards of $16 billion over the next four years, according to Gov. Jay Inslee, who proposed billions in new taxes this week to close the gap.

“We have a tough budget year, but these are things that I always tell people,” Lovich said, “that you fund your priorities, and this would be a priority with us.”