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Blood Alcohol Content:
To lower or not lower the alcohol limit
In January 2016, the National Transportation Safety Board (NTSB) dropped its recommended legal blood alcohol content (BAC) level from .08% to .05%. Since states take their cue from the NTSB, many have moved forward with legislation proposing the lowered BAC limit.
On Dec. 30, 2018, Utah became the first state to enact legislation lowering the blood alcohol content limit to .05% and in February of 2022, the NTSB doubled down on its 2016 recommendation by releasing an evaluation demonstrating the effectiveness of Utah’s lower limit.
While Utah is the only state with a BAC limit lower than the .08% federal standard, similar bills have been introduced in California, Hawaii, Michigan, New York, Oregon, and Washington.
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Drinking frequency has increased overall in the U.S. While this means you might have more patrons drinking at your establishment, remember to keep an eye out for signs of a higher BAC.
What does the BAC limit establish?
According to the National Restaurant Association’s ServSafe Alcohol certification program, blood alcohol content or BAC is the amount of alcohol in a person’s bloodstream. BAC is the metric used to measure alcohol intoxication for both legal and medical purposes. For example, a BAC of .10% means that a person’s blood supply contains one-part alcohol for every 1,000 parts of blood.
Due to the correlation between the amount of alcohol in a person’s blood and their level of impairment, BAC is used as the marker for whether or not a person is breaking the law by operating a motor vehicle after alcohol consumption.
How is BAC measured?
A motorist stopped on suspicion of drunk driving will likely have to undergo testing by a police officer. In addition to observation and field sobriety tests, officers have other tools to determine a person’s level of impairment, including breath, urine, and blood tests.
How was the .08% BAC standard set?
Prior to 2000, the permissible BAC limit was .10%. In 2000, President Clinton’s transportation appropriations bill required all states to lower their permissible blood alcohol content to .08% by Oct. 2003 or risk losing federal highway construction funds. By July 2004, all 50 states had passed legislation lowering their BAC limits to .08%.
How many drinks does it take to reach .05% BAC?
According to the National Restaurant Association’s ServSafe Alcohol certification program, a person’s BAC is affected by several factors:
- Drink strength
- Drink quantity and consumption rate
- Body size and type
- Gender
- Age
- Food intake
- Drink carbonation
- Medications
- Mood
- Fatigue
A 120-lb. woman will hit .05% after having a little more than a single drink and a 160-lb. man would be considered legally intoxicated after just two drinks in one hour.
How will lowering BAC to .05% impact hospitality operators?
More states could join Utah in adopting .05% as the threshold to determine if someone is legally intoxicated to operate a motor vehicle. Opponents of a .05% BAC say that lowering the arrest level to .05% will harm local economies, criminalize responsible behavior, and distract law enforcement from the biggest threats on the road. To make their points:
- A 120-lb. woman can hit .05% with a little more than one glass of wine. Responsible individuals will be scared to consume alcohol in establishments.
- According to the National Highway Transportation Safety Agency, 70% of drunk-driving fatalities are caused by drivers with BAC levels of .15% or higher. Targeting high BAC drivers and repeat offenders would be a better use of resources. A stricter BAC level targets the wrong group of drinkers. Problem drinkers typically aren’t moderate drinkers who have a glass of wine over dinner.
- Given the significant social, professional, and financial consequences of DWIs or DUIs, a person enjoying a drink or two over dinner runs the risk of upending his or her life.
Bottom line, operators have a responsibility to prevent intoxication and drunk driving. If .05% BAC limit passes, how will they train their staff to prevent illegal sales? Will liquor liability insurance premiums increase? How will it change customer behavior? While there are no clear answers, the prospect of a .05% law could have an undesirable impact on establishments that serve and sell alcohol.
Serve Safely with Industry-Backed Training
At ServSafe, we prioritize your business’s security and your guests’ safety. We’ve created the ServItUp program to help your staff hone their responsible alcohol service skills. In the coming weeks, we’ll be releasing content to help you keep your guests safe, protect your establishment, and make your job more satisfying and rewarding.
For more information and resources about responsible alcohol serving practices, sign up for our ServSafe Alcohol training program or connect with our team.