OLYMPIA, Wash. — For the third year in a row, Washington lawmakers will try to lower the state's per se blood alcohol content (BAC) level to .05 - potentially becoming the second state in the nation to do so.
A per se BAC limit is the limit at which a driver is automatically considered to be driving under the influence. Currently, the per se BAC in Washington is .08. Drivers can be charged with a DUI at lower BAC levels, depending on observed reckless or dangerous behavior.
Primary bill sponsor state Sen. John Lovick (D-Mill Creek) is hopeful that the bill could make it all the way this year with the help of a Republican co-sponsor and a companion bill set to be reintroduced in the House.
"There are a lot of opportunities there, and I'm excited about it," Lovick said.
Washington state is coming off its deadliest year on the roads in decades, with more than 800 people being killed in car accidents in 2023. Over half of those were due to DUI drivers.
Despite widespread support among lawmakers, the bill did not appear for a full floor vote in either the House or the Senate. SB 5067 could be moved to a third reading early in the legislative process this session, meaning it's more likely to do so this year.
Lovick said he both is and isn't surprised at how long it has taken for the bill to move through the legislative process, given the staunch opposition the bill has also drawn.
"I know a lot of people are working against the legislation," Lovick said. "You know, a lot of people put out a lot of misinformation."
One thing lawmakers and law enforcement have continuously reinforced is that the per se BAC change will not impact law enforcement behavior, but is more so intended to encourage people who are going out drinking to make plans about how they're getting home.
"What I'm telling people is, drink all you want, just don't drive," Lovick said. "Just don't put 400-500 other people at risk because of your poor decision to drink and drive."
Should the bill pass, the Washington Traffic Safety Commission will undertake a significant public awareness campaign intended to educate people on the new per se BAC limit and the dangers of drinking and driving.
A body of research suggests that at a .05 BAC, people are already too inebriated to operate a car. At that level, alcohol will impact someone's vision, their ability to focus, small muscle control, their reflexes and their ability to respond to unexpected situations, like a person unexpectedly walking or driving out in front of their car.
Lovick said he himself has spoken to people who participate in "drinking labs" or studies to measure and test how alcohol impacts motor skills and decision making and found that many people feel too impaired to drive well before they reach the legal per se limit.
"I've actually talked with people after having them only be a .04, a .05, and they say 'My goodness, I'm only at a .04?' because they realize they are already impacted," Lovick said. "I tell people that impairment starts with the first drink."
Globally, most countries have a BAC limit of .05 or below, with the U.S. and Canada being outliers in maintaining a .08 limit. In the U.S., Utah is the only state to have lowered its BAC limit, and at least initially, the change produced noticeable results.
Utah's lowered BAC limit went into effect in 2018. Data from 2019 showed the state saw a 33% decrease in the number of alcohol-related crashes and a 44% decrease in alcohol-related fatalities. There was a 19.8% reduction in fatal traffic accidents overall, with an 18.3% reduction in the fatality rate.
Regardless of where the bill goes this session, Lovick said he will keep trying until it gets passed.
"I am not going to give up because it's just not in my DNA," he said. "Our job, I believe, is to protect the public, to protect you, your family, those 8 million people that drive on our streets."
