Legislative recommendations of the Virginia Highway Safety Commission to the 1972 Virginia General Assembly.

Micas, Steven L · 1971 · ROSA P / Virginia Transportation Research Council (VTRC)

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Summary

This 1971 report, prepared by the Virginia Highway Research Council, presents legislative recommendations to the Virginia General Assembly aimed at reducing alcohol-related traffic fatalities. The document addresses two primary issues: the inadequacy of Virginia’s presumptive blood alcohol concentration (BAC) level for defining driving under the influence and the limitations of relying solely on blood tests for evidence. The research was motivated by the high toll of alcohol-impaired driving, which contributed to over 340 driver deaths and 19,000 crashes in Virginia in 1970, alongside national statistics indicating 28,000 annual alcohol-related deaths. The report synthesizes existing scientific literature, legal analyses, and crash statistics to evaluate current Virginia laws and national trends. It examines the physiological and psychological effects of alcohol on driving performance, citing studies that utilize driving simulators, obstacle courses, and accident probability models. The analysis differentiates between social drinkers, problem drinkers, and novices, noting that problem drinkers are disproportionately responsible for fatal accidents. The report also reviews Virginia’s statutory framework, including its implied consent laws and the specific BAC thresholds that create legal presumptions of intoxication or impairment. The findings argue that Virginia should reduce the presumptive BAC level for driving under the influence from 0.15% to 0.10% by weight. Evidence cited indicates that driving ability deteriorates significantly at 0.10%, with studies showing a "sharp drop-off in skill" and increased risk-taking behavior at this level. Statistical data from Indiana University researchers demonstrated that drivers with a 0.10% BAC, comprising less than 1% of the driving population, accounted for 10% of accidents, while those at 0.15% accounted for 6% of accidents despite being only 0.15% of drivers. The report concludes that the 0.15% threshold leaves too many hazardous drivers on the road. Additionally, the report recommends permitting the use of breath tests as presumptive evidence alongside blood tests. It argues that breath testing offers practical advantages for law enforcement, including easier administration and immediate results, thereby improving the detection and prosecution of impaired drivers. The significance of these recommendations lies in their potential to enhance highway safety through stricter legal standards and improved enforcement mechanisms. By lowering the presumptive BAC level, the legislation would align Virginia’s laws with scientific evidence regarding impairment and recommendations from the American Medical Association. Allowing breath tests would address difficulties in relying solely on blood analysis, facilitating more efficient apprehension of drunk drivers. The report suggests that these changes would serve as a stronger deterrent, reflecting public concern over alcohol-related crashes and addressing the societal costs associated with impaired driving.

Key finding

The presumptive legal limit for driving under the influence should be reduced from 0.15% to 0.10% blood alcohol concentration, and breath tests should be permitted as presumptive evidence of intoxication.

Methodology

review

Provenance

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Topics

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• dui enforcement
• drowsy as impairment
• alcohol detection systems
• alcohol