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Feds seek tougher DUI rules

By The Washington Post

States may consider lowering the standard for drunken driving to the level of a single dry martini after a recommendation Tuesday from the National Transportation Safety Board.

The NTSB wants state legislatures to drop the measure from the current blood alcohol level of .08 to .05, about that caused by a dry martini or two beers in a 160-pound person. The .08 standard might allow the same person to drive legally after two beers or a couple of margaritas, according to a University of Oklahoma calculator.

"The research clearly shows that drivers with a BAC above 0.05 are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured," said NTSB Chairman Deborah Hersman. "Our goal is to get to zero deaths, because each alcohol-impaired death is preventable. They are crimes. They can and should be prevented. The tools exist. What is needed is the will."

The NTSB has no authority to impose its recommendations but provides an influential voice in the setting of safety standards. The board's proposal got an immediate positive response from an organization of state highway safety officials.

"NTSB's action raises the visibility of drunk driving and we will consider their recommendations," said Jonathan Adkins of the Governors Highway Safety Association, while underscoring that the group continues to support the .08 level.

At least one West Virginia lawmaker was aware of the recommendations. State Sen. Bob Beach, D-Monongalia, heard about the NTSB's plan Tuesday and the recommendation regarding blood alcohol content drew his attention.

West Virginia has seen 3,657 DUI arrests so far this year, according to the state Governors Highway Safety website. There also have been 101 fatal crashes, according to the website.

"It's definitely something to consider," Beach said. "Other countries around the world have had some success with it, some seeing an 18-percent drop (in alcohol-related crashes and fatalities)."

According to the NTSB report, blood alcohol content reductions in several European countries saw traffic fatalities reduced by eight to 12 percent among people 18 to 49. Australia saw traffic fatalities fall by 18 percent in Queensland and eight percent in New South Wales.

Beach, the chairman of the Senate Transportation and Infrastructure Committee, said the recommendation should probably be studied by the state Legislature. He said a lot of the members would want to hear how a change such as that may or may not improve upon alcohol related crashes and fatalities.  

Currently, more than 100 countries around the world have blood alcohol content limits set at .05 or lower.

Cpl. Brian Humphreys, a spokesman for the Kanawha Sheriff's Department, would not give an opinion on the recommendation but said deputies would remain vigilant in combating impaired driving.

"We'll enforce the laws of the state of West Virginia whether they change or stay the same," Humphreys said. "We encourage every driver to be safe and know their limitations."

Advocates for the beer and liquor industry reacted negatively to the recommendation.

"While obviously the NTSB doesn't make policy, states take their recommendations very seriously," said Sarah Longwell of the American Beverage Institute, which lobbies for the industry on the state and national level.

She denounced the recommendation as "terrible."

"Between .05 and .08 is not where fatalities are occurring. This is like, people are driving through an intersection at 90 miles an hour and so you drop the speed limit from 35 to 25, it doesn't make any sense," Longwell said. "This is something that is going to have a tremendously negative impact on the hospitality industry while not having a positive impact on road safety."

Longwell said the average blood alcohol level in alcohol-related traffic fatalities is .16.

Almost 10,000 people are killed - and 173,000 injured - each year in drunk driving crashes, the NTSB said. Though improvements in auto and highway safety, as well as effective crackdowns on drunk driving, have seen a decline in roadway fatalities in recent years, about 30 percent of all deaths continue to be alcohol-related.

"Most Americans think that we've solved the problem of impaired driving, but in fact, it's still a national epidemic," Hersman said. "On average, every hour one person is killed and 20 more are injured."

The Insurance Institute for Highway Safety, a insurance industry research group, confirmed Tuesday that the risk of impairment to driving can occur well before a drinker reaches the .08 level.

"We would expect some effect if states lowered the threshold to .05, but since no state has passed such a law, it hasn't been evaluated here," said Anne McCartt, the institute's senior vice president for research. "One difficulty in the U.S. is enforcement. Impairment begins well before the classic signs of impairment may become evident to a police officer, like a driver weaving. Since testing for impairment follows arrest, not the other way around, enforcing such a law would be a hurdle."

The NTSB said almost 440,000 people have died in accidents tied to drinking in the past three decades.

In findings released with its recommendations Tuesday, the NTSB said that alcohol levels as low as .01 have been found to impair driving skills, and that a level of .05 has been "associated with significantly increased risk of fatal crashes."

The board said a .05 limit would significantly reduce crashes and deaths.

In a recommendation made last year, the NTSB asked states to require ignition interlocks for all drivers convicted of drunken driving.

Longwell said the recommendation of a .05 limit for all drivers had implications for another emerging technology.

A prototype vehicle expected to begin testing later this year will be equipped with passive devices that eventually could be a standard feature in all vehicles, to test how much a would-be driver has had to drink.

"Where are they going to set this technology?" Longwell said. "They've been saying it's .08. Well, the question is, if you lower the legal limit, where do you set the technology in all cars?"

Daily Mail writer Ashley B. Craig contributed to this report.

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