BAC .05

Senate Bill 5067: Washington State’s New DUI Law Lowers BAC Limit to 0.05%

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A new DUI Law proposal currently working its way through the Washington State Legislature is Senate Bill 5067 (SB 5067), which aims to lower the legal blood alcohol concentration (BAC) limit for driving from 0.08% to 0.05%. If passed, this would mark a dramatic shift in Washington’s DUI laws, potentially affecting thousands of drivers—and raising new questions for those facing DUI charges.

What Is Senate Bill 5067?

Introduced on January 13, 2025, the first day of the 2025 legislative session, the new DUI law, SB 5067, is sponsored by Senator John Lovick (D-Mill Creek), a former state trooper and Snohomish County Sheriff with decades of experience witnessing the toll of impaired driving. The bill proposes reducing the per se BAC limit—the threshold at which a driver is automatically considered under the influence—from 0.08% to 0.05%. This change would apply to operating motor vehicles, watercraft, or even being in physical control of a vehicle, with an effective date of July 1, 2026, if signed into law.

The bill also includes:

  • A public education campaign led by the Washington Traffic Safety Commission to inform drivers of the new limit.
  • A mandated study by the Washington State Institute for Public Policy to evaluate the law’s impact on collisions, arrests, and economic effects within two years of implementation.
  • A projected cost of at least $335,770, largely to train law enforcement on the new standard.

Why the Push for a Lower Limit?

The driving force behind SB 5067 is Washington’s alarming rise in traffic fatalities. In 2023, the state recorded 809 deaths on its roads—the highest in over three decades—according to the Washington Traffic Safety Commission. Roughly half of these involved impaired drivers (alcohol, drugs, or both). Senator Lovick and supporters cite National Highway Traffic Safety Administration data showing that a driver’s crash risk doubles at a BAC of 0.05% compared to a sober driver, tripling by 0.07%. They argue that lowering the limit could deter drinking and driving, saving lives.

Washington wouldn’t be the first to take this step. Utah implemented a 0.05% BAC limit in 2018, and more than 90 countries worldwide enforce this standard or lower. Advocates point to Utah’s reported 20% drop in fatal crashes in the year following its change as evidence of potential benefits.

Where Does the Bill Stand?

As of March 20, 2025, SB 5067 is still in the legislative process:

  • It cleared the Senate Law & Justice Committee on January 16, 2025, after a public hearing, with a substitute version advancing despite some opposition.
  • It moved to the Senate Transportation Committee, which held a public hearing on January 30, 2025, and an executive session on February 25, 2025. No final committee vote has been confirmed yet.
  • The 2025 session typically wraps up in late April, so the bill must pass both the Senate and House—and gain Governor Jay Inslee’s signature—to become law. Previous attempts to lower the BAC limit (e.g., in 2023 and 2024) stalled before reaching a full vote, so its fate remains uncertain.

The Debate: Safety vs. Practicality

Supporters, including law enforcement groups like the Washington Association of Sheriffs and Police Chiefs, argue that this change is a proactive step toward safer roads. Victims’ families and safety advocates have testified powerfully in favor, sharing stories of loved ones lost to impaired drivers.

However, the bill faces pushback, particularly from the hospitality industry. The Washington Brewers Guild and Washington Hospitality Association warn of economic fallout, arguing that a 0.05% limit could penalize responsible drinkers—say, someone who has a glass of wine with dinner—and burden small businesses. Critics like Daniel Olson of the Brewers Guild emphasize that impaired drivers can already be charged below 0.08% if they show signs of impairment, questioning the need for a stricter per se limit. Some suggest a tiered system (e.g., a lesser offense at 0.05% versus a full DUI at 0.08%), but SB 5067 currently proposes a uniform 0.05% threshold.

What This Could Mean for Drivers—and DUI Defense

If SB 5067 becomes new DUI law, the lower BAC limit would likely increase DUI arrests and convictions. A 0.05% BAC is roughly equivalent to two drinks over two hours for a 140-pound woman or three for a 180-pound man, depending on factors like metabolism and food intake. This tighter standard could catch more casual drinkers, not just the heavily intoxicated, shifting the enforcement landscape.

For those facing DUI charges, this change could complicate defense strategies. Breathalyzer accuracy, timing of consumption, and individual tolerance levels would become even more critical in court. As an attorney, I’d advise clients to be extra cautious—knowing your limits and planning alternative transportation could be the difference between a clean record and a life-altering charge.

Stay Informed

With the legislative session ongoing, SB 5067’s outcome will depend on the next few weeks of debate and negotiation. If you’re a Washington driver—or simply interested in how DUI laws might evolve—check back. Questions about this bill or your legal options? Reach out—I’m here to help.