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NTSB votes to recommend that all 50 US states lower the DUI limit to 0.05

Posted by Steven H. Fagan | May 14, 2013 | 0 Comments

One if you're a woman, two if you're a man. 

That's how few drinks within an hour it will take for you to be accused of DUI when driving if the National Transportation Safety Board (NTSB) gets its way. No, that's not a joke.

The limit in Illinois used to be 0.15 on a breath alcohol test, then 0.10. Then, in the 90's, Illinois (along with every other state) caved to pressure from the Clinton administration to further lower the legal limit to 0.08. This move was not based on any quality research, but on the threat by the Federal Government to withhold Federal Highway funds. The same funds that were collected from taxpayers at the state level and then entrusted to the Federal government to be fairly distributed to the various states for infrastructure needs were used as a virtual arm-bar to force this change to 0.08. 

Expect the same tactics to be employed now across the country. 

The move is highly controversial. 

Current law in Illinois is that motorists operating a vehicle while their breath or blood alcohol concentration is between 0.00 and 0.05 are presumed to NOT be impaired. Between 0.05 and 0.08, there is no presumption either way, but DUI may be proven if impairment can be otherwise demonstrated. Doing so is typically difficult. 

70% of fatal collisions involving DUI happen when drunk drivers have a 0.15 or greater breath or blood alcohol concentration, having consumed far more alcohol than would be required to reach a 0.05. 

Let us know your thoughts, and if you or a loved one needs assistance with DUI in Illinois, contact a Chicago DUI lawyer at our office immediately. 

About the Author

Steven H. Fagan

Steve Fagan earned his law degree from Chicago-Kent College of Law, is a member of the NCDD, NACDL, ISBA and a founding member of the DUIDLA. He is published and has taught CLE for lawyers on subjects such as sex offenses, DUI and criminal defense, focuses on trial work and Real Estate closings


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