Pittsburgh DUI Lawyer George Heym 

FORMER ALLEGHENY COUNTY DUI PROSECUTOR!

DUI Attorney George Heym

Does lowering the minimum BAC to .08% in DUI cases improve Public Safety?

The Law Offices of George Heym 564 Forbes Ave, Suite 810 Pittsburgh, PA 15219 412-521-2628
Driving Under the Influence discussions are intense and emotional. State and Federal Legislators tend to ignore actual facts and statistics when the DUI problem is illustrated by tragic stories of young lives cut short, alarming holiday statistics, and dire warnings. In the wake of intense lobbying, in 1998, Congress passed 23 U.S.C. 163, Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons which provides that States will receive increased highway funds foe enacting and enforcing  laws which states that any person with a Blood Alcohol Content (BAC) of over .08 “shall be deemed to have committed a per se offense” of DUI. Subsequently, the Act was amended to penalize any state which did not deem driving with a BAC of over .08 as a DUI. Not surprisingly, all 50 states have enacted such laws. Now, states are being pressured to reduce the BAC limits even further in an effort to deter driving under the influence. Has the .08% BAC made the highways any safer from those Driving Under the Influence? The answer is unclear. Statistical studies and evaluations have yet to prove that there is any direct correlation between unsafe driving and a specific blood alcohol level. A 1991 report prepared by the National Highway Traffic Safety Administration (NHTSA) concluded that there was evidence that crash risks increased at BACs over .10%, but that evidence for increased crash risks at lower BACs was less certain. Prior to passing 23 U.S.C. 163, Congress commissioned a study from the General Accounting Office to determine whether reducing the BAC to .08% would directly result in fewer alcohol-related fatalities from DUIs. The office concluded that there was no evidence to support this claim. A December 31, 1998, Office of Legislative Research Report prepared by James J. Fazzaloro noted that extensive experimental research had not resolved the issue of whether a specific BAC could prove that one was driving in a dangerous manner. Fazzaloro noted that the studies being relied upon were not persuasive due to the different methodologies involved in the testing, a lack of consensus concerning what skills were essential to safe driving, testing in laboratory conditions instead of on the road, and a failure to address how individuals reacted differently to alcohol. Other groups opposed to the .08% limit, such as the National Motorists’ Association argue that it is senseless to conclude that an individual is guilty of Driving Under the Influence merely because tests reveal a .08% BAC. By focusing on a number, instead of the behavior, police are not monitoring the actual cause of accidents: bad driving. Further, the costs of testing drivers, holding administrative hearings, challenging testing in court, and setting up roadblocks is not justified given that there is still no proof that DUI fatalities have decreased as a result of these measures. Finally, the statistics suggest that the real culprits, habitual drunk drivers, are not deterred by the harsher laws. Instead, it is often social drinkers who suffer harsh penalties when they are stopped for a minor infraction, then found to have a BAC over .08%. Many don’t want to be an advocate for people who are accused of Drunk Driving (DUI).  However, Pittsburgh DUI Defense Attorney George Heym believes that every person deserves the full protection of the Law regardless of what they might have been accused. Even those who may have actually committed DUI deserve not to be demonized or punished out of proportion with the offense. Thus, Attorney Heym has dedicated his practice to exclusively defending those charged with DUI.
Call or Text me on my Cell Phone 24/7 at 412-216-4984
Pittsburgh DUI Lawyer George Heym accepts all credit cards
Free DUI Consultation

Does lowering the minimum BAC to .08% in

DUI cases improve Public Safety?

The Law Offices of George Heym 564 Forbes Ave, Suite 810 Pittsburgh, PA 15219 412-521-2628
Driving Under the Influence discussions are intense and emotional. State and Federal Legislators tend to ignore actual facts and statistics when the DUI problem is illustrated by tragic stories of young lives cut short, alarming holiday statistics, and dire warnings. In the wake of intense lobbying, in 1998, Congress passed 23 U.S.C. 163, Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons which provides that States will receive increased highway funds foe enacting and enforcing  laws which states that any person with a Blood Alcohol Content (BAC) of over .08 “shall be deemed to have committed a per se offense” of DUI. Subsequently, the Act was amended to penalize any state which did not deem driving with a BAC of over .08 as a DUI. Not surprisingly, all 50 states have enacted such laws. Now, states are being pressured to reduce the BAC limits even further in an effort to deter driving under the influence. Has the .08% BAC made the highways any safer from those Driving Under the Influence? The answer is unclear. Statistical studies and evaluations have yet to prove that there is any direct correlation between unsafe driving and a specific blood alcohol level. A 1991 report prepared by the National Highway Traffic Safety Administration (NHTSA) concluded that there was evidence that crash risks increased at BACs over .10%, but that evidence for increased crash risks at lower BACs was less certain. Prior to passing 23 U.S.C. 163, Congress commissioned a study from the General Accounting Office to determine whether reducing the BAC to .08% would directly result in fewer alcohol- related fatalities from DUIs. The office concluded that there was no evidence to support this claim. A December 31, 1998, Office of Legislative Research Report prepared by James J. Fazzaloro noted that extensive experimental research had not resolved the issue of whether a specific BAC could prove that one was driving in a dangerous manner. Fazzaloro noted that the studies being relied upon were not persuasive due to the different methodologies involved in the testing, a lack of consensus concerning what skills were essential to safe driving, testing in laboratory conditions instead of on the road, and a failure to address how individuals reacted differently to alcohol. Other groups opposed to the .08% limit, such as the National Motorists’ Association argue that it is senseless to conclude that an individual is guilty of Driving Under the Influence merely because tests reveal a .08% BAC. By focusing on a number, instead of the behavior, police are not monitoring the actual cause of accidents: bad driving. Further, the costs of testing drivers, holding administrative hearings, challenging testing in court, and setting up roadblocks is not justified given that there is still no proof that DUI fatalities have decreased as a result of these measures. Finally, the statistics suggest that the real culprits, habitual drunk drivers, are not deterred by the harsher laws. Instead, it is often social drinkers who suffer harsh penalties when they are stopped for a minor infraction, then found to have a BAC over .08%. Many don’t want to be an advocate for people who are accused of Drunk Driving (DUI).  However, Pittsburgh DUI Defense Attorney George Heym believes that every person deserves the full protection of the Law regardless of what they might have been accused. Even those who may have actually committed DUI deserve not to be demonized or punished out of proportion with the offense. Thus, Attorney Heym has dedicated his practice to exclusively defending those charged with DUI.
For a Free DUI Consultation Call or Text me on my Cell Phone 24/7  412-216-4984
Pittsburgh DUI Lawyer George Heym accepts all credit cards
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Pittsburgh DUI Lawyer George Heym 

Former DUI Prosecutor!

Exclusively Defending DUI Cases!