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NTSB Recommends DWI Threshold Be Lowered to 0.05 Nationally


The Centers for Disease Control and Prevention (CDC) has reported that more than 30 people die each day as a result of alcohol-related accidents in the United States. Hundreds of thousands more are seriously injured in DUI or DWI accidents. Not every person who gets behind the wheel of a vehicle after he or she has been drinking or taking drugs will be arrested. Those who are arrested can expect to face penalties including a driver's license suspension, various fines and fees, jail time, community service and probation. In some instances the court may order the mandatory installation of an ignition interlock device (IID). While these penalties could deter some drivers, drunk driving continues to be a widespread issue in New Jersey and throughout the United States.

In the early 1980's, many states lowered the legal limit for a person's blood alcohol concentration (BAC) from 0.10% to 0.08%. A nationwide standard for field sobriety tests was also implemented, penalties for repeat offenders were increased, and media campaigns were launched all in an effort to raise awareness and help curb drunk driving. As it stands now, every state in the nation operates on a BAC limit of 0.08%. At this time, any person driving with a BAC at or above the legal limit of .08% and who is caught, will be facing charges of DUI or DWI. To further discourage drinking and driving, President Reagan signed the National Minimum Drinking Age Act into effect on July 17, 1984 which set the national minimum drinking age at 21.

This past month, coinciding with the anniversary of the deadliest alcohol-related accident in U.S. history, the National Transportation Safety Board (NTSB) issued their official recommendation that the DWI threshold be lowered once again, this time from 0.08 to 0.05 on a nationwide basis. According to a safety report issued by the board, this change could potentially save between 500-800 lives annually. It would also bring the BAC limit in line with more than 100 other countries on six different continents that all have BAC limits at 0.05 or lower. What this will mean for the general public is that the average person could be arrested after consuming only one or two ounces of alcohol.

Being arrested or charged with a DUI or DWI in New Jersey is a serious offense. Whether it is your first arrest or you have had multiple DWI convictions, it is vital that you contact my firm so I can review the charges against you and advise you on how to proceed. I have extensive experience representing clients facing all kinds of different DUI- and DWI-related charges. I know how a DWI conviction will affect your personal and professional life. I am tireless in pursuing fair treatment and justice for my clients. I am on your side.

When facing DUI or DWI charges it is important you have an experienced New Jersey criminal defense attorneywho is prepared to fight to protect your rights. Contact the Law Offices of Ryan E. Gilbert.

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