NTSB Proposal to Lower Alcohol Limit Draws Fire From Beverage Industry

WASHINGTONA bold recommendation by the National Transportation Safety Board (NTSB) to lower the legal blood alcohol limit for impaired driving has drawn criticism from the beverage and restaurant industries.

Earlier this week, the NTSB recommended all 50 states lower the BAC (blood alcohol content) level from 0.08 to 0.05, which is currently the legal limit across the country for drivers who are at least 21 years old. Drivers who are found to have a BAC of 0.08 are presumed under state laws to be impaired.

Sarah Longwell, managing director of the American Beverage Institute (ABI), characterized NTSB's recommendation as "ludicrous" because the institute maintained lowering the legal limit would target moderate drinkers rather than intoxicated drivers who cause most of the drunk-related fatalities on U.S. roads.

"Moving from 0.08 to 0.05 would criminalize perfectly responsible behavior," Longwell said in a statement. "Further restricting the moderate consumption of alcohol by responsible adults prior to driving does nothing to stop hardcore drunk drivers from getting behind the wheel."

Of the more than 32,000 U.S. traffic fatalities in 2011, less than 1% were caused by drivers who had a BAC of between 0.05 and 0.08, according to ABI. The institute also said drivers with BACs of 0.15 or higher roughly two times the legal limitare responsible for more than 70% of drunk driving fatalities.

But NTSB, an independent federal agency, said research shows most drivers suffer an impairment in cognitive and visual functions at a BAC level of 0.05, increasing the risks of a serious crash. More than 100 countries have BAC limits set at 0.05 or lower, according to the agency.

Paul Gatza, director of The Brewers Association, declined to comment specifically on NTSB's recommendation. However, he said repeat offenders and drivers with a high BAC are responsible for most alcohol-related driving fatalities.

The National Restaurant Association (NRA) expressed similar views.

The association "is very concerned about drunk driving.  However, we feel measures addressing it should be focused on repeat, chronic offenders who drink excessively then driveand not the millions of Americans who enjoy an adult beverage in a responsible manner with their meal," Sue Hensley, a spokeswoman with NRA, said. "We are currently in the process of reviewing the NTSBs proposal to determine whether it would impact the issue of excessive drinking in any significant way."

A 2003 study from Michigan State University found that the average person metabolizes alcohol at a rate of one drink per hour. But the alcohol content of beverages has been increasing in recent years, with some microbreweries making beer with an ABV (alcohol by volume) in excess of 10%. By comparison, Budweiser lists an ABV of 5%.

Rhidian D.W. Orr, senior partner and owner of The Orr Law Firm, L.L.C. in Denver, said that a person drinking two generic beers runs the risk of being found to have a BAC level of 0.05.

While the DUI lawyer referred to 0.05 as a "very very low level," he acknowledged that some people appear to be impaired with that BAC.

"It really depends on the individual and that's the problem," he said.

Asked to comment on NTSB's proposal, a spokesperson for Anheuser-Busch (AB) InBevBudweiser's ownerreferred our publication to the Beer Institute.

With regard to the NTSBs recommendation to lower the legal BAC level from .08 to .05, we plan to examine the Boards full report and recommendations before we comment further, Joe McClain, president of the Beer Institute, whose members include AB InBev, said in a statement. However, we strongly encourage policymakers to direct their efforts where we know we can get results: by focusing on repeat offenders and increasing penalties on those with BAC of .15 or more.

According to NTSB, alcohol-impaired driving is responsible for approximately one-third of all fatalities on U.S. highways. Since 2000, nearly 150,000 people have died in crashes involving alcohol-impaired drivers, the agency said. In 2010, for instance, more than 10,000 people died in an accident involving an alcohol-impaired driver, equating to a fatality every 51 minutes, according to the National Highway Traffic Safety Administration.

Barbara Harsha, executive director of the Governors Highway Safety Administration, which represents state and territorial highway safety offices, said the organization wasn't taking a position on NTSB's recommendation.

"We will consider what the NTSB has recommended but beyond that we don't have a position," she said.

NTSB's BAC proposal is part of a broader strategy to address drunk driving. Some of its other recommendations included reinforcing the use of DWI courts for repeat offenders and implementing measures to improve compliance with requirements imposed on DWI offenders to install ignition interlocks. In a report, "Reaching Zero: Actions to Eliminate Alcohol-Impaired Driving", the agency issued 10 safety recommendations and reiterated nine others.

The agency's recommendations coincided with the 25th anniversary of the deadliest drunk-driving crash in U.S. history. On May 14, 1988, in Carrollton, Ky., the driver of a pickup truck collided into a bus, killing 26 passengers most of whom were children. The driver had a BAC level of 0.26 1.5 hours after the crash, according to NTSB. That is more than three times the current legal limit.

Mothers Against Drunk Driving (MADD) expressed its appreciation to NTSB for highlighting the dangers associated with drinking and driving. The organization said it would continue to focus on drunk driving countermeasures, although they don't include lowering the BAC limit.