Driving under the Influence: A Report to Congress on Alcohol Limits

Snyder, Monroe B. · 1992 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This 1992 report by the National Highway Traffic Safety Administration (NHTSA) addresses a congressional mandate to determine the blood alcohol concentration (BAC) level at which a driver should be legally deemed under the influence. The study integrates scientific literature on alcohol impairment, analyses of crash risk data, reviews of existing legislation, and assessments of enforcement capabilities to recommend a specific legal limit for the general driving public. The research methodology involved a comprehensive review of experimental studies on driving performance and epidemiological data on crash risks, including re-analyses of the landmark Grand Rapids study to control for driver risk groups. The report also examined the effects of lowering BAC limits in jurisdictions such as California and New South Wales, Australia, and gathered data on public attitudes and enforcement challenges through workshops with law enforcement agencies. Key findings indicate that alcohol degrades driving performance and increases crash risk in a continuous manner, with no threshold below which impairment is absent. Crash risks rise significantly above 0.05 BAC and more sharply above 0.08 BAC. Evidence from California, which lowered its per se limit from 0.10 to 0.08 in 1990, showed a 12 percent reduction in alcohol-related fatalities and increased public awareness, though arrests did not surge dramatically due to enforcement difficulties. Similarly, New South Wales saw a 13 percent reduction in fatal crashes after lowering its limit to 0.05. The report notes that while drivers respond to lower limits by altering behavior, they do not use the specific legal number as a precise target. Enforcement agencies expressed concern that limits below 0.08 would be difficult to enforce due to the lack of observable impairment signs and potential court overload, though breath testing technology was deemed capable of detecting lower levels. The report concludes that states should enact 0.08 as the per se criminal offense limit for driving. It recommends accompanying this change with public education and actively enforcing existing laws against driving while impaired at any BAC level. The authors advise repealing laws that presume non-impairment at low BACs and emphasize that NHTSA’s primary message to the public remains "don't drink and drive." The findings support the view that lowering the legal limit to 0.08 balances scientific evidence of increased risk with practical enforcement realities.

Key finding

Lowering the legal BAC limit from 0.10 to 0.08 in California reduced alcohol-related traffic fatalities by 12 percent.

Methodology

review

Provenance

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Topics

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• alcohol
• drowsy as impairment
• dui enforcement