Why Government Wants Lower BAC Limits — Is it About Money?
Americans Are Drinking Less Than Ever
According to a new Gallup poll, only 54% of U.S. adults now drink alcohol — the lowest number Gallup has recorded in nearly 90 years. The average drinker now consumes just 2.8 drinks per week, and 40% say it’s been more than a week since their last drink.
Even more striking, a majority (53%) of Americans now believe that even moderate drinking — one or two drinks a day — is bad for your health.
WASHINGTON, D.C. — The percentage of U.S. adults who say they consume alcohol has fallen to 54%, the lowest by one percentage point in Gallup’s nearly 90-year trend. This coincides with a growing belief among Americans that moderate alcohol consumption is bad for one’s health, now the majority view for the first time.
Gallup has tracked Americans’ drinking behavior since 1939 and their views of the health implications of moderate drinking since 2001. The latest results are from Gallup’s annual Consumption Habits survey, conducted July 7-21.
In short: fewer people are drinking, and those who still do are drinking less and less often.
At the same time, the government is trying to lower the legal blood alcohol concentration (BAC) limit for DUIs from 0.08% to 0.05%.
Case In Point — Utah DUI Law
Officials justify this push by claiming it will “save lives.” Utah was the first state to lower its BAC limit to 0.05%. There, the legal limit since 2017 was .05% BAC. California legislators have already floated similar proposals, and advocacy groups are lobbying hard for nationwide adoption. California’s DUI limit was .10% before 1991.
But behind the rhetoric lies a different reality: DUI enforcement has become a massive source of government revenue.
When fewer people drink, there are fewer DUI arrests. And when there are fewer arrests, cities, counties, and courts lose millions in fines, fees, and penalty assessments.
So lowering the BAC limit is a simple way to sweep more people into the system — people who are not actually impaired but who had a single drink with dinner and drive safely.
In California, a DUI can be based on being impaired (VC 23152(a) charge) or being at or above 08% BAC (VC 23152(b) charge). So a perfectly sober person with a BAC level of .05% would be prosecuted and convicted of DUI in Utah. The BAC level determination is unreliable due to bad science or bad BAC measuring instruments, or fermentation and contamination of blood samples. Contact Los Angeles DUI Attorney so that we can explain to you how to win your DUI case in Los Angeles.
The DUI Industry
In California, a first-time DUI conviction typically costs thousands of dollars once all the mandatory fines, penalty assessments, and program fees are added up.
The prosecution is driven by MADD research that concludes that a person drives 80 times impaired before being arrested for a DUI.
Here’s where the money goes:
- DUI fine: $2,200 and up (including the base fine, penalty and assessments)
- DUI program: $600–$1,800
- Ignition interlock device: $70–$150/month and a costly installation.
- Towing, booking, DMV, and insurance increases
These penalty assessments fund a wide range of unrelated programs: courthouse construction, emergency services, victim funds, and even DNA databases.
Over the years, DUI fines have quietly turned into a hidden tax that supports the justice system’s operating budget.
Shrinking Profits?
Gallup’s data shows a clear trend: people are drinking less. That means fewer borderline BAC drivers on the road, and therefore, fewer DUI arrests.
Do states see it as lost revenue? YES! And the solution? Change the definition of “drunk driving.”
Changing the BAC level to 0.05% will cause the arrest of many drivers who show little or no actual impairment. Federal safety data used to state that crash risk rises sharply only after 0.10%. Changing the limit to .08% created thousands of new DUI defendants. Lowering the limit to 0.05 would immediately, once again, create tens of thousands of new offenders — not because they’re dangerous, but because they’re statistically convenient.
Ask yourself why the BAC legal limit changed in California from .15 to .10 in the early 80th to .08 in 1990 to attempt to change it again? If human bodies did not change. Los Angeles DUI Attorney will defend you against any bogus charges of DUI prosecution and will help you win your Los Angeles DUI case.
The Public Safety Pretext
Proponents say lower limits will reduce fatalities. But the data is far from clear. States with stricter laws already have lower drunk-driving rates, largely due to cultural factors — not the BAC threshold itself.
“The public safety” has become a marketing slogan for maintaining a profitable enforcement system. DUI checkpoints, for example, are notoriously inefficient but remain popular because they generate overtime pay and justify grant funding.
When you look at how deeply cities rely on fine revenue, it becomes obvious why there’s so much enthusiasm for “tougher DUI laws.”
It’s not about safety — it’s about sustaining the business model.
If you’ve been arrested for DUI in Los Angeles, you need an attorney who understands not only the law but also the system behind it — a system that prioritizes money over fairness.
Contact a Los Angeles DUI Attorney for a consultation and a real defense strategy designed to protect your rights, your record, and your future.
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