Hawaii – Lowering DUI Blood Alcohol Content
A proposed law to lower the legal blood alcohol content (BAC) limit from 0.08 to 0.05 is working its way through the state legislature of the Aloha State, passing the House Committee on Transportation. According to Mothers Against Drunk Driving, more than 108 countries have a lower BAC limit than everywhere in the United States save Utah. Except for commercial drivers, underage drivers, and repeat offenders, all other states in the U.S. have a 0.08 BAC limit. In Utah, where the legal limit has been 0.05 since December 30, 2018, sales of alcohol have actually increased 28%. Arkie Koehl, MADD Hawaii Public Policy Chair, theorizes maybe people drink more once they’re home safely. Data on whether the lower DUI BAC limit has lowered fatalities in the Beehive State apart from other factors is inconclusive. Read more here.
New Mexico – Fourth Amendment and Search Warrants
In the Land of Enchantment, prosecutors and law enforcement are looking to expand when a search warrant may be obtained for a blood draw. Presently, police can only get a search warrant if the arrest is for a felony multiple DUI offense, or one resulting in serious injury or death. If the law passes, police will first have to ask consent for a blood test, but if denied, can then ask a judge for a warrant. Over objection from some defense lawyers, New Mexico State Police Chief Troy Weisler says increasing numbers of DUI drug cases necessitate this expanded investigative authority. Read more here.
Montana – DUI Vehicular Homicide
A bill passed by the House 98-2 in the Treasure State House would make it so if a driver kills someone while registering a BAC of 0.16 or higher, twice the state’s legal limit, they’d be charged with aggravated vehicular homicide and serve no less than three years in prison. Representative Tom France (D-Missoula) didn’t want to oppose the bill, but said, “The problem with this bill is it mandates certain outcomes and it does not give county prosecutors the discretion to recognize that every tragedy is a unique tragedy and that in some instances a mandatory sentence by the judge may not be the appropriate punishment.” Last year, Forbes ranked Montana the number one U.S. state in DUI deaths. Read more here.