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Utah Gov. Gary Herbert Signs Bill Lowering Legal Blood-Alcohol Limit To .05%

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Deseret News

SALT LAKE CITY — Gov. Gary Herbert on Thursday signed the controversial bill that lowers the legal blood-alcohol limit to .05 percent, stressing repeatedly it is an issue of public safety.

The governor said he will call a special session in August or September, however, "to address the unintended and collateral consequences" of the law, which will be the first in the country to lower the standard for impaired drivers from .08 percent when it takes effect Dec. 30, 2018.

"Anything is on the table for consideration," he said, including pushing "pause" and waiting for other states to drop to a similar limit.

"I know there seems to be some reluctance to be first in the nation, although I would remind everybody we were first in the nation to go from .10 to .08 percent," he said, and the rest of the country followed suit.

Herbert's announcement that he will sign the bill provoked disappointment from the Salt Lake Area Restaurant Association, whose executive director Michele Corigliano predicted the lower limit will put independent restaurant owners out of business because their operational margin is already so slim. People will stay home to have a drink with dinner rather than risk the law, she said.

He [Herbert] later added that be believes lowering the legal blood-alcohol limit is good policy.

The governor insisted the lower limit in Utah does not make Utah "weird."

He pointed out that 85 percent of the world's population currently lives in countries with laws that have .05 percent blood-alcohol limits or less, including France and Italy.


Herbert bristled at the suggestion that the law is a religious or Mormon issue because of the state's predominant religion that encourages its members not to drink alcohol.

"There's not many Mormons in Rome and they're doing it there also," he said.

“The only impact (this measure is) really going to have in the long-term is that you’ll find many other states looking at the same (safety) information (and) in just a few years, it will be the standard across the country,” Beattie predicted.

But Beattie's prediction flies in the face of claims made in an extensive advertising campaign launched by the American Beverage Institute, which took out full-page ads Thursday in both Salt Lake City daily newspapers and USA Today.

The advertisement asserts the law creates a new class of criminals — responsible adults who drink moderately.

It shows a booking mug of a woman whose crime was "had one drink with dinner." At the top, the advertisement reads, "Utah: Come on vacation, leave on probation."

“Opponents of HB155 are attempting to make this law about Utah’s public image — about limiting the choices of citizens and visitors to the state. HB155 will have no impact on what or how much individuals drink — it is focused on protecting lives by ensuring those who choose to drink also choose not to drive impaired."

But critics like the American Beverage Institute's Sarah Longwell said Utah's move to the lower limit will criminalize moderate drinkers, hurt tourism and divert law enforcement eyes from the hardcore drinkers who are the real danger on the streets.

"It’s a sad day for Utah. Gov. Herbert’s decision to sign Utah’s .05 legislation will not only harm the people of Utah, but cripple their restaurant and tourism industries," she said. "A 120-pound women can now have little more than a single drink before being subject to arrest, $10,000 in fines, attorney fees, increased insurance costs and the social stigma of being labeled a ‘drunk driver’ — which will lead many to forgo that glass of wine with dinner."

EDIT: I express disappointment due to me breathing into a potentially inaccurate breathalyzer that my friend brought home from work and getting a reading of .06% after a 16 oz. Bud Light. This is honestly just a "first world problem" for me if I can't have a beer with dinner when I go out. It's not like I will protest this bill lol.

The liquor laws here are already stupid, and now this makes Utah look even worse. So now I basically can't order beer with my dinner when I go out to eat. Fun. I guess the good thing is this won't really come into effect until Dec. 30th 2018.

dGPuc2K.jpg

Lower me to .05% if old.
 

GHG

Member
Don't drink and drive. Ever. Any amount.

This is what it should be IMO.

Reason being, everyone has different tolerance levels so you gotta account for the lowest common denominators.

I couldn't even imagine my wife attempting to drive after drinking the UK "legal" limit on an empty stomach lol.
 

laoni

Member
.05 is the standard here in Australia. It's probably the right way to go.

Yeah, this is what I was going to say. Hasn't really affected people's dining and drinking experiences from what I've seen, people often have 1-2 with their meal, spend time conversing during /after their meal and blow under the limit on the way home
 
A beer with your meal isn't going to put you over .05, ya goof. 2-3 beers probably won't, if your meal is a decent size.

This new limit is not unreasonable IMO.
 
You must be fun at dinners. Sorry guys, I had a glass of wine I best sleep it off under the table.
Or pop out your phone and use one of the many car service apps available to you if you live in almost any decently populated area.

And if you don't, plan ahead.
 
This is what it should be IMO.

Reason being, everyone has different tolerance levels so you gotta account for the lowest common denominators.

I couldn't even imagine my wife attempting to drive after drinking the UK "legal" limit on an empty stomach lol.

The bolded is a good point that I haven't thought about. I know some girls that get pretty tipsy after a Mike's Hard Lemonade lol
 
If you get behind the wheel of a car with a .05 you're not a "moderate drinker," you have a damn problem.

Unsurprising that the majority of the opposition is coming from alcohol lobbyists. If there's any justice their reputations will be dragged through the mud just like tobacco got their asses kicked by public health advocates in the 80s.
 
A beer with your meal isn't going to put you over .05, ya goof. 2-3 beers probably won't, if your meal is a decent size.

This new limit is not unreasonable IMO.

This past weekend my friend brought home a breathalyzer from his work and we tested it out a bit. I had a 16oz. Bud Light and it flashed .06. It definitely could have been wrong though as that breathalyzer looked kinda cheap.

I should also mention that it was after I only had a banana and before that was lunch 4 hours prior lol
 
If you get behind the wheel of a car with a .05 you're not a "moderate drinker," you have a damn problem.

I don't think everyone really understands how much 0.05 or 0.08 really is. 0.08 can actually be quite high, depending on the situation. A lot of people sitting at 0.08 are noticeably tipsy. If you're a small person and have an empty stomach, I wouldn't get in the passenger seat with you.

If you're an average sized person, order a full meal, and have a couple glasses of beer with it over the course of an hour, you're probably sitting at around 0.04.
 

Boney

Banned
In Chile, they had a zero tolerance law go in effect a few years ago, with 0.03 being driving under influence and 0.05 being driving while infoxicated.
The problem with punitive laws is that they don't really curb out DUI's. It was drastically reduced the first few months but it later ended up resurfacing pretty close to the original numbers.

That seems excessive, but it's your life ultimately. :]
No. It's the life of everybody out on the road you put at risk.
 

thetrin

Hail, peons, for I have come as ambassador from the great and bountiful Blueberry Butt Explosion
This is why I'm happy to live in a country with thriving, safe, and cheap public transportation.
 
But the only black person on Utah is Carl Malone

1. Karl Malone is spelled with K not a C
2. He hasn't lived here in almost 10 years

Any mailman would know that.

Hahaha, thanks guys, I needed that.

This is why I'm happy to live in a country with thriving, safe, and cheap public transportation.

This is an area that Salt Lake City is still lacking in, yet it's getting a bit better. Just wish the trains and buses would run a bit later.
 

Couleurs

Member
Excessive? Gross. It should be this way everywhere. If you've had drink or drugs of any amount in a 12 hour window, don't get behind the wheel, period.

Whoops accidentally swallowed a little bit of mouthwash, better cancel my plans and stay home just to make sure I'm not all fucked up with my .00001 bac

Next day: thanks these fish sticks are good. Wait a second what does this box say...beer battered!? Oh nooo better cancel my date again
 

Surface of Me

I'm not an NPC. And neither are we.
Excessive? Gross. It should be this way everywhere. If you've had drink or drugs of any amount in a 12 hour window, don't get behind the wheel, period.

So if I have a beer at hour 1, sleep for 8 hours, you still dont want me driving for another 3? Lol.
 

SlimySnake

Flashless at the Golden Globes
Don't 10k Americans die from DUI related crashes every year?

It's fucking hilarious they are upset about the tourism and restaurant industry. People are fucking dying. Terrorists kill 80 people in 15 years since 9/11 and we ban an entire religion. Over 150k people died in the same timespan and we are worried about restaurant profits.
 

Makki

Member
What is happening in this thread.

People who never had alcohol in their lives apparently. It seems you are a monster if you pair a steak with a beer at a steakhouse because you are inebriated. I am all for the reduction in tolerance, but the extremists get to me.
 
Excessive? Gross. It should be this way everywhere. If you've had drink or drugs of any amount in a 12 hour window, don't get behind the wheel, period.

12 hour window for drinking? I can maybe see that if you get shit-faced, but having to wait 12 hours to drive after 1 drink is a bit... excessive.
 
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