Washington May Lower BAC for DUI: What You Need to Know

Washington lawmakers are considering a significant change to driving laws, with a proposal that would lower the legal blood alcohol concentration (BAC) limit for drivers from .08 to .05.

Washington Considers Lowering Legal Blood Alcohol Limit to .05

Senate Bill 5067, introduced by Sen. John Lovick, D-Mill Creek, aims to reduce traffic fatalities linked to alcohol consumption by adopting a stricter BAC limit, following in the footsteps of Utah, which implemented a similar measure in 2018.

During a public hearing on January 15, 2025, Lovick presented the bill before the Senate Law & Justice Committee. The proposed legislation is motivated by troubling statistics about traffic fatalities in Washington. According to Lovick, the state has seen a 20% increase in traffic deaths from 2021 to 2023. In 2023 alone, 813 people lost their lives on Washington roads, with 51%, and 416 fatalities, directly related to impaired driving.

“I see driving behavior beyond anything I could have imagined when I started as a state trooper,” Lovick said, citing the rising number of deaths. Lovick, a former state trooper and sheriff, believes that drunk driving is a preventable choice and stressed the need for tougher laws to address the issue.

Senate Bill 5067 would lower the legal BAC limit for both motor vehicles and vessels to .05, a threshold already adopted in 91 countries. While many nations have set limits between .06 and .12, the U.S. has traditionally maintained the .08 standard, which Utah first lowered in 2018. That state has seen a nearly 20% decrease in fatal crash rates since the law’s passage, though data on fatalities in more recent years has not been included in reports from the National Highway Traffic Safety Administration.

The bill has earned support from key law enforcement agencies, including the Washington State Patrol and the Washington Traffic Safety Commission, as well as national organizations like the National Transportation Safety Board. Supporters argue that the change is necessary to combat the growing toll of DUI-related accidents in Washington State.

The proposal has faced opposition. Representatives from the Washington Hospitality Association, the Washington Wine Institute, and the Washington Brewers Guild, argue that lowering the limit would penalize responsible drivers who may not be significantly impaired but exceed the new threshold. Some also question the effectiveness of such a law, citing data showing increased fatalities in Utah after the BAC limit was lowered.

Julie Gordon, testifying on behalf of the Washington Hospitality Association, voiced concerns that the bill would disproportionately impact individuals who choose to stop drinking before reaching an unsafe level of intoxication. “Individuals choosing to behave responsibly who will now be subject to the strongest and strictest DUI penalties in the country,” Gordon said.

The Senate Law & Justice Committee will reconvene on Thursday for an executive session to discuss the next steps for SB 5067. While the bill has sparked a vigorous debate, proponents argue that a lower BAC limit could ultimately save lives and reduce the number of alcohol-related traffic fatalities on Washington's roads.