Archive for the ‘BAC’ tag

Feds Work to Push Legal Intoxication Limit to 0.05

November 7th, 2013 at 9:34 am

ntsb-bac-limit-illinoisAccording to a recent report in the Chicago Tribune, the National Transportation Safety Board (NTSB) has recommended that the legal drinking limit should be lowered from 0.08 to 0.05. This has been very controversial and has met some opposition.

The research center of the NTSB has what has been revealed as the most sophisticated driving simulator in the whole world. Test drivers drink vodka or other types of alcohol and try to drive.

They have the task of driving a Chevrolet Malibu into a metal pod large enough to house two vehicles.Using this testing method, researchers collect data based on a sober person, a person who has had just a couple of drinks, against a person who has had several more drinks than that.

It is the mission of the agency to prove a marked difference in a sober person and a person that is performing at a 0.05 level of intoxication. The NTSB chairwoman stated that this change in policy could save as many as 1,000 lives every year. She calls the nation’s problem with drunk drivers an epidemic.

However, in the wake of this new research and recommendation, many people are voicing their concern as to whether an impairment level of 0.05 is worthy of charges of criminal negligence. These people are also asking: how does this level of impairment differ from driving while talking on the phone, fatigue, or even old age? Experts have even stated that driving sleepy can be worse than driving under the influence. The question here is would it be fair to criminally charge a person for being sleepy?

Upon making this recommendation in May, the NTSB representatives noted that more than 100 countries currently have a legal intoxication limit of 0.05. If you have been charged with driving under the influence, an experienced Illinois DUI attorney can provide representation for your case.

Chicago Police Making More DUI Arrests

October 11th, 2013 at 8:00 am

Illinois DUI Arrests IncreaseA recent study found there has been a significant increase in the driving under the influence (DUI) arrests made by the Chicago Police.

The DUI study, conducted by Alliance Against Intoxicated Motorists (AAIM), revealed a 25 percent increase in drunk driving arrests in 2012, compared to the total number in 2011. The AAIM conducted the study utilizing grant money from the Illinois Department of Transportation.

The total number of DUI arrests in 2012 was 3,795, up from 3,037 in 2011. The study cited two Chicago police officers having the most significant number of arrests. One officer made 179 arrests and the other officer made 154 DUI arrests. The Illinois State Police officer cited with the highest number of arrests took 205 alleged drunk driving motorists into custody.

In the report, AAIM Vice President Marto Belluschi called drunk drivers who are busted “the lucky ones” because they are stopped by an officer “rather than a tree, another car or a small child.”

The legal blood alcohol limit (BAC) in Illinois is .08. According to the Secretary of State, it would take a 170-pound man four drinks consumed on an empty stomach in one hour to hit that limit. A 137-pound woman would need three drinks in an hour to hit that limit. Examples of one drink include 12-ounce beer, a 5-ounce glass of wine or a cocktail containing 1.5 ounces of 80-proof liquor.

Other statistics provided by the Secretary of State’s Office include:

  • Three out of four DUI offenders are men.
  • The average age is 34, with 60 percent under the age of 35.
  • The average DUI offender is arrested between 11 p.m. and 4 a.m. on a weekend.
  • The average drunken driver is caught with a blood alcohol level of .16 percent, or twice the legal limit.

Even a first time DUI offender faces loss of license for one year plus fines and court fees. If you’ve been arrested and accused of drunken driving, contact an experienced DuPage County DUI attorney to ensure your rights are protected in the criminal court process.

Lowering Illinois DUI limit?

June 19th, 2013 at 8:23 pm

According to a recent article, Illinois Secretary of State Jesse White has expressed support of the idea of reducing the state drunk-driving limit from .08 to .05 blood alcohol content.

LaraThe National Transportation Safety Board has reported that this change could reduce the risk of car accidents by half.  Although they recommend that the entire nation adopt this new DUI limit, it will be up to each state’s lawmakers to make that decision.

Illinois State Rep. Dennis Reboletti has stated that our lawmakers will need to work with the secretary of state’s office as well as police in order to determine if this change should be made.

Reboletti has raised the point that the limit was once at .10 and was decreased to .08.  He has also said that a task force would be needed to “look over” the suggestion during the summer to see if it’s truly reasonable.

Reboletti also proposed his own drunk-driving legislation recently, in which punishments for drivers-for-hire who are caught driving drunk will be much more severe.

Reboletti said, “I think it’s pretty fair to say if you are out drinking with friends and you hire a bus or a cab, you don’t want the driver to be more drunk than you are.”

This new proposal is reportedly in response to a limo driver being charged with a DUI while taking Oswego High School students to their prom.

In that situation, the driver would only be charged with a misdemeanor DUI.  Under Illinois law, a driver-for-hire can only be charged with an aggravated DUI on a first offense if they are transporting passengers under the age of 18.

If you have any questions at all about this new proposal, especially if it does become reality, contact an experienced Illinois DUI lawyer to assist you.

 

Image courtesy of Keerati/Freedigitalphotos

1-800-Dial-DUI America's Top DUI & DWI Defense Attorneys
Super Lawyers
Leading Lawyers Network The Top Lawyers
1-800-Injurys America's Personal Injury Attorneys