The Law Offices of Saia & Piatt, Inc.
  • Columbus
    614-444-3036
  • Delaware
    740-362-4772
  • Mt. Gilead
    419-946-7876
View Our Practice Areas

.05 Legal Limit: Challenge Accepted

Once upon a time, the law in Ohio created a presumption that a driver was impaired with a .15 Blood Alcohol Content (BAC). Then the law changed and created a "per se" violation of the law at a .10 BAC. It has since been reduced a legal limit of a .08 BAC. The NHTSA Manual for DWI Detection states that a 175 man would need to drink 4 beers in an hour to reach the current legal limit. This has been the frame of reference for people across the nation when making the decision of whether to get behind the wheel.

A new 489 page report by a panel of the National Academics of Sciences, Engineering, and Medicine is recommending that the legal limit be lowered to a .05 BAC. The report is asserting that driver's are too impaired to drive if they have a BAC of .05. The State of Utah has already lowered the legal limit to .05. The ramifications of such a change are shaking up the restaurant and bar industries. The business concern is that a woman weighing 120 lbs. could exceed the legal limit with only having one drink. A 150lb. man might only be able to have two drinks. The allegation that a person has committed an OVI offense alone risks a life changing offense that might end their career, keep them from travelling out of the country, or possible public shaming with scarlet letter-esque yellow license plates.

The State has some serious lobbies to overcome in order to change the legal limit in Ohio, but because being the victim of a drunk driver is a concern of law makers and their constituents, it is a real possibility that the legal limit will get lowered to .05 in Ohio. For DUI cases however, the ability to prove such an offense will be handicapped. The field sobriety tests everyone is familiar with, walking on a line and standing on one leg, have not been verified to be applicable to such a low legal limit. Officers and courts will have a difficult task to determine who should or should not be arrested. Whatever the legal limit is, the attorneys at The Law Offices of Saia & Piatt, Inc. will be able to work at the cutting edge of the law on your behalf.

No Comments

Leave a comment
Comment Information

A Nationally Recognized Law Firm

Email Us For A Response

Start Fighting Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Columbus Office
713 South Front Street
Columbus, OH 43206

Toll Free: 888-444-3036
Phone: 614-444-3036
Map & Directions

Delaware Office
98 North Union Street
Delaware, OH 43015

Phone: 740-362-4772
Fax: 740-362-4802
Map & Directions

Mt. Gilead Office
19 East High Street
Mt. Gilead, OH 43338

Phone: 419-946-7876
Fax: 419-947-8595
Map & Directions

New Lexington Office
111 West Brown Street
New Lexington, OH 43764

Phone: 740-721-0488
Fax: 740-343-4269
Map & Directions

Review Us
Call Today For A Free Case Evaluation :
614-444-3036 or 888-684-6446 (888OVIOHIO)