House Republican Sam Gaskill and Senate Republican Morris Westfall are working to advance legislation that would reduce the Blood Alcohol Content per se limit from .10 to .08 of 1 percent of a person’s body weight. The latest victory in this battle comes with a favorable House vote of 95-47 on an amendment that would lower the limit.
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by State Rep. David Klindt (3rd District, R-Bethany) — House Republican Sam Gaskill and Senate Republican Morris Westfall are working to advance legislation that would reduce the Blood Alcohol Content per se limit from .10 to .08 of 1 percent of a person’s body weight. The latest victory in this battle comes with a favorable House vote of 95-47 on an amendment that would lower the limit. The amendment was attached to a motor vehicle bill offered by Democrat Don Koller, an opponent of a lower BAC level.
The National Highway Transportation and Safety Administration has indicated that an average male weighing 170 pounds must consume more than four drinks within one hour on an empty stomach to reach the .08 limit. An average female weighing 135 pounds would have to consume at least three drinks within one hour on an empty stomach to reach this level. “The .08 level is
designed to get those drivers impaired by alcohol off the streets,” said Gaskill.
Statistical information from 1996 obtained from the Division of Highway Safety suggests that one person was killed or injured in alcohol-related traffic accidents every 1.2 hours in Missouri. It is important for Missouri to continue the fight against drunken driving and to encourage public
education programs to minimize the threat posed by those who irresponsibly choose to drink excessively and then drive. Missouri would become the seventeenth state to institute a .08 BAC per se level if it is adopted.
Research by the U.S. Department of Transportation in four states with the .08 BAC limit indicates decreases of 4 to 18 percent in alcohol-related fatalities. A Boston University study concluded that if all states lowered their BAC limits to .08, alcohol-related highway deaths would decrease by 500-600 per year.
“There is a reluctance and apprehension that social drinkers will be penalized by .08,” said Senator Westfall. While concerns exist that having a couple of drinks with dinner may push someone over a legal per se limit of .08, the legislation is aimed at those that disregard the safety of others by drunken driving, not social drinkers. Some lawmakers contend, however, that the difference between .08 and .10 is minimal.
If the BAC limit were decreased to .08, Missouri would become eligible for additional federal funding. In Senate committee testimony, the Missouri Department of Transportation indicated that up to $80 million has been set aside in fiscal year 2000 for distribution to states that have adopted a .08 BAC per se limit.
Several worthy arguments both for and against a lower BAC limit exist. Some lawmakers are concerned that lowering the BAC limit will not really make a significant difference in the number of alcohol-related deaths.
The road ahead for .08 BAC legislation will be long and uphill with many obstacles. Whether the BAC level remains at .10 or is lowered to .08, Republican lawmakers all agree that public safety is of primary importance to the welfare of Missouri.