Driving while impaired is a criminal offense. If you are found guilty of DWI, you could face a number of penalties such as fines, jail time, probation, community service, and more. You will also lose your driving privileges for a period of time. Currently, the legal limit for impairment is 0.08% BAC. While that is the law in most states, some states are considering lowering the BAC level for impaired driving. North Carolina legislators are considering a bill that would make the legal limit 0.05% BAC.
What is BAC?
Blood alcohol content (BAC) is a measure of the percentage of alcohol in the bloodstream. Currently, most states have a BAC limit of 0.08%. Utah is the first state to implement a BAC limit of 0.05%. The BAC increases with increased alcohol consumption. Various factors may impact your BAC, such as your weight, gender, food consumption, medications, and the type of alcohol consumed. The speed of alcohol consumption also plays a role in the BAC. Alcohol may affect the same person differently at different times.
Sober Operator Act of 2025
Proposed legislation, North Carolina House Bill 108, is also called the Sober Operator Act of 2025. The bill seeks to fight impaired driving by reducing the legal limit from 0.08% to 0.05% BAC. The bill also proposes the use of portable breath tests for probable cause. Many states already utilize breath tests for probable cause, but North Carolina is not one of them to date. The legislation also provides for the use of drug screening tests to check for impairment. Currently, the focus of impairment is on alcohol; however, many times drivers are behind the wheel while impaired by some type of substance use or abuse.
Underage drinking is illegal in North Carolina. A zero-tolerance policy is in place for drivers under the age of 21. A person under the age of 21 may be charged with DWI if they are found to have any level of alcohol in their system. The proposed bill seeks to make it a Class F felony for anyone who is found to have aided or abetted a minor in obtaining alcohol when the minor dies as a result or when the minor causes injuries to another.
Legislation Being Debated
House Bill 108 is designed to save lives by lowering the legal drinking limit in North Carolina. The bill is under consideration, and it is not known what the outcome will be. Those in favor of the legislation believe that the bill will help prevent deaths and will make the roads safer for all travelers. If the bill passes and becomes law, drivers would need to be aware of the potential of driving while impaired after having consumed fewer alcoholic beverages.
If you have been arrested or charged with DWI, you could face serious penalties if you are convicted. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our experienced criminal defense attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
Image Credit:
https://www.freeimages.com/photo/justice-scales-1922273
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