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Could Washington lower the DUI BAC limit to .05?

by | Feb 3, 2026 | Uncategorized

Lowering DUI BAC Limit to .05 — What It Means

Washington State lawmakers are once again considering a significant change to impaired driving laws that would reduce the legal blood alcohol concentration (BAC) limit from .08% to .05%. This change, proposed in Senate Bill 5067, has advanced through the Senate and is now under active consideration in the House — with supporters saying it will improve road safety and opponents cautioning about unintended consequences.

What Is Senate Bill 5067?

Senate Bill 5067 is a legislative proposal sponsored by Sen. John Lovick (D–Mill Creek) and co-sponsored by other state senators. The bill would:

  • Lower the per se BAC limit for driving or operating a vessel from 0.08% to 0.05%, making it easier for law enforcement to charge a driver with DUI based strictly on a chemical test result.
  • Require a public information campaign by the Washington Traffic Safety Commission (WTSC) to educate the public about the new standard.
  • Direct the Washington Institute of Public Policy to evaluate the impact of the lower BAC limit after it goes into effect.

If enacted, the bill is scheduled to take effect on July 1, 2026.

Why Some Lawmakers Are Pushing the Change

Supporters of SB 5067 say the current BAC threshold of .08% still allows drivers who are impaired enough to cause crashes to legally operate a vehicle. According to legislative filings, research indicates that even at BAC levels between .05% and .079%, drivers are about seven times more likely to be involved in a fatal collision compared with sober drivers.

The bill’s sponsors point to:

  • A recent increase in traffic fatalities in Washington, including hundreds involving impaired drivers.
  • Evidence from other countries showing that lower BAC limits correlate with reduced alcohol-related crashes and deaths.
  • Recommendations from road safety authorities, including the WTSC and National Traffic Safety Board, in favor of a lower legal limit.

If passed, Washington would join a small group of jurisdictions in the U.S. — such as Utah — that have already lowered the legal BAC limit to .05%.

Arguments Against Lowering the BAC Limit

Not all stakeholders support this change. Opponents raise several concerns, including:

  • Impact on social drinkers: Critics argue that a .05 limit could criminalize drivers who are not meaningfully impaired and lead to unintended DUI charges for people who had only one or two drinks.
  • Economic concerns: Hospitality groups worry that stricter BAC limits could affect restaurants, bars, breweries, and tourism, although studies from other states suggest such impacts may be minimal.
  • Focus on high-BAC offenders: Some legal experts and advocates argue that enforcement and penalties should focus more on repeat offenders and drivers with very high BAC levels, rather than lowering the per se threshold for all drivers.
  • Difficulty Enforcing: Years of experience and law enforcement training has focused on a BAC of .08 and considering the effects on a driver’s ability to operate a motor vehicle. A new .05 BAC is sweeping and could be difficult to enforce.
  • Liability: Many restaurants and bars are concerned their staff is not equipped to “judge” a patrons .05 BAC which is much less evident than a .08 BAC. Ultimately, this could cause significant insurance and training cost increases.

Stay Informed as SB 5067 Moves Forward

Lawmakers will continue to debate SB 5067 in the House of Representatives, where further public hearings and committee votes will shape its future. If you drive in Washington, this law — if passed — could affect how courts, law enforcement, and the public view impaired driving.

At Althauser Rayan Abbarno, we track legislative changes that could impact our communities and public safety. If you have questions about DUI laws, legal rights after a DUI arrest, or how proposed changes like SB 5067 might affect you, our attorneys are here to help.