How Washington’s Lower BAC Limit Could Affect DUI Defenses and Driver Rights

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As Washington State considers a dramatic shift in its DUI laws by lowering the legal blood alcohol concentration (BAC) limit from 0.08% to 0.05%, many drivers are left wondering: what does this mean for me? Senate Bill 5067 (SB 5067), if passed, could alter not only how DUI cases are prosecuted but also how they must be defended.

This article outlines the real-world implications of the proposed law, particularly for those who enjoy a drink with dinner or have never faced a DUI before.

How Much Alcohol Will Put You at 0.05% BAC?

The answer might surprise you:

  • A 120-pound woman may reach 0.05% BAC after just one standard drink (a 5 oz. glass of wine, a 12 oz. beer, or a 1.5 oz. shot).
  • A 180-pound man could exceed 0.05% after two drinks in under two hours.

Many people assume they’re safe to drive after one or two drinks, but the new limit could criminalize behavior previously considered moderate or even cautious.

Common Misconceptions About “Safe” Drinking

Drivers often rely on informal rules like “one drink per hour” or “two drinks with dinner.” These assumptions may no longer hold under a 0.05% standard:

  • Alcohol absorption varies widely based on food intake, metabolism, stress, and medications.
  • A person could register 0.05% without feeling—or appearing—impaired.

This makes it critical to avoid self-assessing your ability to drive based on how you feel.

How DUI Investigations Will Change

With a lower limit:

  • Officers may be more likely to stop and investigate drivers after observing minor infractions.
  • A person who is coherent and cooperative could still face arrest based solely on a breath test showing 0.05%.
  • Breathalyzers and blood tests will likely become the focal point of more DUI cases, even when signs of impairment are absent.
  • A driver could pass the Standardized Field Sobriety Tests and still be arrested.

Tourists and Out-of-State Drivers

Washington would be only the second state in the U.S. to adopt a 0.05% BAC limit, following Utah.

  • Tourists or Oregon residents crossing the Columbia River could face DUI charges for behavior that’s legal in their home state.
  • This disparity could lead to confusion, unexpected arrests, and the need for interstate legal coordination.

The Bottom Line

If SB 5067 becomes law, Washington’s DUI landscape will change—potentially dramatically. This could mean more arrests, more prosecutions, and more people caught off guard by what they thought was a safe, legal choice.

As a criminal defense and DUI attorney in Vancouver, WA, I help people navigate the system every day. Whether you’ve been charged or just want to understand your rights, I’m here to help.

Call today for a free consultation. Let’s talk before it becomes a bigger problem.