A DUI with a BAC of 0.05 instead of 0.08?

Currently, the threshold for a conviction of DUI in Oregon is impairment to a perceptible degree or a BAC (Blood Alcohol Content) of 0.08 percent or more by weight of alcohol in the blood. Thus, it is possible to be convicted of a DUI merely because your BAC is 0.08 or higher, even if you actually are not “impaired.”

NTSB Recommendations to Combat DUIs

On May 14th, 2013 the National Transportation Safety Board (NTSB) proposed new regulations to further combat DUIs. One such recommendation was to lower the legal limit from 0.08 to 0.05. The NTSB also included a graphic that indicates the majority of countries set the legal limit at no more than 0.05. The United States and Canada are two big exceptions by setting the limit at 0.08.

In fact, the NTSB issued a list of recommendations:

  • Reduce state BAC limits from 0.08 to 0.05 or lower
  • Increase use of high-visibility enforcement
  • Develop and deploy in-vehicle detection technology
  • Require ignition interlocks for all offenders
  • Improve use of administrative license actions
  • Target and address repeat offenders
  • Reinforce use and effectiveness of DWI (DUI, DUII) courts


Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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