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Ohio State

put up a fight. Iowa State Senate Majority

International Association of Chiefs of

Leader Steward Iverson called the federal .08

Police, declared, "We will not allow a man

Senate President

law "blackmail." "Why is .08 the magic num-

or woman to leave [a sobriety checkpoint]

Richard Fenan

ber? By lowering it to .08, we are going to catch

knowing they consumed alcohol." Note

told the Los

more of what I call the social drinkers. I had

Berger's choice of words--not that "they

two friends killed by drunk drivers, but we

are drunk," merely that "they consumed

Angeles Times:

alcohol."103

have to be realistic."109 Ohio State Senate

· DOT also released to local law enforce-

"The people who

President Richard Fenan told the Los Angeles

Times: "The people who have had a few beers

ment officials a kit of information on

have had a few

or a glass of wine are not the problem. We call

how to initiate the details of the cam-

beers or a glass of

it prohibition drip by drip. It is prohibitionists

paign. "The campaign's message is a sim-

wine are not the

who want this. Their goal is zero tolerance."110

ple one," the kit says, "don't drive after

drinking alcohol. . . ."104

The most obvious objection to .08 per se is

problem."

· The American Beverage Institute con-

that it does little to improve highway safety. It

will of course increase the number of "drunk"

ducted a survey of driver manuals at vari-

driving arrests because it increases the pool of

ous state departments of motor vehicles.

"drunks" by redefining what it means to be

California, for example, scolds that "one

drunk, but there's no significant evidence to

drink can make you an unsafe driver."

suggest that removing drivers who register

Kentucky and Massachusetts say that

between .08 and .10 will save lives. In fact, the

"one drink will affect your driving."

available evidence suggests otherwise:

Nevada warns, "There is no safe way to

drive after drinking." Oregon cautions,

· California was one of the first states to

"ANY level of alcohol in your blood

impairs to some degree your ability to

implement .08 per se, and a study con-

drive."105

ducted a year later by the state's

· The state of Virginia just approved

Department of Motor Vehicles found

that the law's "effect was primarily limit-

$500,000 for a radio advertising cam-

ed to individuals who generally restrict

paign to air 22,000 total ads on 52 sta-

their alcohol consumption before driv-

tions incorrectly telling listeners that

"it's illegal to drink and drive."106

ing anyway."111

· California's alcohol-related fatality rates

did drop the first year .08 per se was

How Low Will It Go? Lowering the Blood

implemented, but at a rate (6.1 percent)

Alcohol Concentration Level to .08

that was lower than the national average

The most prominent law that exemplifies

(6.3 percent).112

the shift from "drunk driving" to "drinking

· Only 2 of the 10 states with the lowest

and driving" was signed by President Clinton

in 2000.107 That federal law (frequently referred

traffic fatality rates in 2000 had at that

time adopted .08 per se.113

to as .08 per se) encouraged states to lower the

legal blood alcohol concentration (BAC), mea-

sured in percentages, from .10 to .08. That

Traffic fatality statistics offer further evi-

means that, as of October 2003, drivers with a

dence of the futility of .08 per se:

BAC of .08 or higher were automatically

· Two-thirds

assumed to be intoxicated. Any state that does

of the drivers in alcohol-

not make the policy change will lose federal

related fatal accidents have a BAC of .14

highway funds.

or higher. The average BAC in fatal acci-

dents involving alcohol is .17.114

Since that law went into effect, all but six

· In the last 15 years, more drivers regis-

states--Minnesota, Colorado, New Jersey,

Delaware, Nevada, and West Virginia--have

tering BAC levels of .01 to .03 caused

complied with the .08 mandate.108 A few states

fatal accidents than did drivers with

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