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Where are DWI Laws Headed in the Next 5 Years?

Posted by Josh Johnson on Tuesday, 20 January 2015

The laws in Minnesota and across the country are ever-changing, with new proposals being introduced by both liberal and conservative legislators on a regular basis. While it is difficult to predict exactly what new developments may come to light in regard to laws, it is possible to examine trends to try to know what to expect in the coming years. Laws regarding drunk driving can have a substantial effect on the way many Americans live their lives and the choices they make. For this reason, it is important to look to the future and try to determine where DWI and DUI laws may be headed in the next five years.

Lowering the legal limit?

For the last couple of years, the United States National Transportation Safety Board (NTSB) has called for the legal per se limit for DUI to be lowered from 0.08 percent blood alcohol content (BAC) to 0.05 percent BAC. The NTSB argues that lowering the limit at which a driver is presumed to be impaired would deter drunk driving and help make the roads safer. Lowering the BAC would specifically target social drinkers who get behind the wheel after having a couple of drinks. However, numerous opponents of the lowered legal limit spoke out against the recommendation, especially representatives of the restaurant industry, claiming that individuals would not even be able to feel comfortable having a glass of wine with dinner.

BAC limits are set by individual states, not by the federal government. However federal legislators and lobbyists do have some power over the states' decisions regarding BAC limits. For example, all 50 states plus the District of Columbia lowered the BAC limit to 0.08 percent after President Clinton signed a law mandating that states could only be eligible for the full amount of federal highway funding if they had a 0.08 percent limit or lower in place. The NTSB and other anti-drunk driving advocacy groups may be able to induce a similar legislative movement that would affect the limits in all the states in the next few years.

Other Legislative Recommendations

Both the NTSB and the advocacy group Mothers Against Drunk Driving (MADD) have also made additional legislative recommendations to curb drunk driving in the United States, including the following:

  • Stricter requirements for ignition interlock devices for all DWI offenders;
  • More frequent use of DUI checkpoints and other highly visible law enforcement methods;
  • Wider use of strict DWI courts in an attempt to reduce recidivism; and
  • More harsh sanctions for repeat offenders.

These are only some of the developments that may come to light in the next few years regarding DWI and DUI laws.

Keeping up to date on new potential changes in DWI laws is important in order to ensure you are complying with the laws and in developing a successful defense strategy to defend against DWI charges. Be sure to check back with our blog to learn more about any legislative changes that may occur. Additionally, if you are facing DWI charges in Minnesota, do not hesitate to call experienced criminal defense attorney Josh Johnson for assistance at (612) 730-1738.