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One major fact that remains constant in the practice of DWI defense is the fact that in every state the legal limit for a driver’s blood alcohol content. Each state, including Missouri, has its own DWI laws but the current legal limit remains constant in all of them. This limit is meant to give drivers a benchmark against which they can measure their impairment to determine whether they are fit to drive.

However, the National Transportation Safety Board recently made a recommendation to lower that limit by nearly 50 percent to 0.05. But a simple recommendation from the federal agency does not necessarily mean that states will start revising their DWI laws. The NTSB cannot fine or sanction government agencies that fail to act on their recommendations.

The adoption of this recommendation may never happen or it may mimic the states’ implementation of the NTSB’s recommendation to lower the limit from 0.10 percent to 0.08 percent – which took 21 years.

Of course blood alcohol concentration is only one measure of a driver’s impairment. Officers may also use their perception and field sobriety tests to determine whether a motorist is able to drive safely.

If you or a loved one are facing accusations or charges of driving while intoxicated the stakes are high. You may face suspension or revocation of your driving privileges, steep fines, alcohol treatment programs or even prison time. That means it is of the utmost importance to secure help from a criminal defense attorney experienced in charges of impaired driving. He or she can work with you to mount an aggressive defense, protect your rights and help you secure the best possible outcome in your case.

Source: The FIndLaw Blotter, “NTSB Wants 0.05% Blood-Alcohol Limit Nationwide,” Brett Snider, May 14, 2013

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