We have discussed the per se legal limit to drive of 0.08 percent blood alcohol concentration in a number of contexts on this blog. Generally, drunk driving laws are a state law issue. States generally set the legal limit and decide other issues related to driving while intoxicated statutes, such as New York’s aggravated DWI friction point for cases alleging a high alcohol level.
While the individual states generally set their own legal limits, all 50 states currently recognize 0.08 percent BAC as the threshold for per se DWI charges based upon alcohol. The National Transportation Safety Board Tuesday recommended that states lower the legal limit to 0.05 percent BAC. While the recommendation does not directly impact state law, the federal government has previously put pressure on states through federal highway funding laws, and other avenues, to get states to comply with federal suggestions.