Push to Lower Drunk Driving Limit to 0.05 Runs Out of Gas in Olympia

OLYMPIA, WA – Pursuit of a tougher drunk driving law in Washington has run out of gas.

Senate Bill 5067 to lower the legal limit for driving drunk stalled in the House Community Safety Committee on Tuesday, a few weeks after the same panel backed a nearly identical House bill.

Rep. Roger Goodman, D-Kirkland, the committee chair, said Wednesday he could not corral enough Democrat support to advance the Senate legislation. He pledged to address concerns of caucus members in hopes of getting the lower limit approved in 2027.

On Wednesday, the sponsor of the Senate bill said the outcome was “disappointing” but that he was encouraged to see it advance further than it had in four previous sessions.

“Clearly there’s still work to do in the House on this policy, but it took some time in the Senate to reach this point too, so I’m not discouraged — we’ll get there,” said Sen. John Lovick, D-Mill Creek.

“The bottom line is that we need to take drunk driving seriously,” he said. “It’s our job to keep pushing and make sure people understand that our state is an outlier, our roads are more dangerous than other states. I’m not going to give up. Too much is at stake.”

Lovick’s bill sought to reduce the maximum allowable blood alcohol concentration for drivers from 0.08% to 0.05%. It passed the Senate on a 26-23 vote, the first time such a measure cleared either chamber.

If it had been enacted, Washington would have joined Utah with the toughest standard in the nation. Utah moved to a 0.05% blood alcohol concentration limit in 2018.

This session, Democratic state Rep. Brandy Donaghy authored House Bill 2362 to lower the limit to 0.05%. It passed out of the community safety committee on a 5-4 vote in late January. Four Democrats and one Republican, Rep. Brian Burnett of Wenatchee, a former sheriff, supported it, with two Democrats and two Republicans opposed. The bill was sent to the House Transportation Committee but was not considered.

Goodman said in Tuesday’s committee meeting, no Republicans and fewer Democrats were willing to advance the Senate bill.

“I’m still in. This year, my bill got out of committee. Last year it didn’t,” said Donaghy, who lives in an unincorporated area near Everett.

She said too many people continue to be injured and killed on the state’s roads and highways, most linked to crashes involving drivers who are distracted, speeding, drunk or a combination of those three.

“We need a whole bunch of different pieces to solve the problems,” she said. “I do think (a lower limit) is one piece that is really necessary to help solve our traffic safety issues.”

‘Overwhelming evidence’

Debate on lowering the limit has intensified amid a climb in traffic fatalities.

In 2021, Washington recorded 674 traffic fatalities, of which 178 occurred in crashes involving a driver who had been drinking, according to data compiled by the Washington Traffic Safety Commission. In 2023, the death toll rose to 809, with 240 linked to an alcohol-impaired driver, according to commission data.

Over the course of five years, 2020-2024, 936 people died in crashes involving a driver who had been drinking. Of those who died, 156 were in crashes involving an impaired driver with a blood alcohol concentration less than 0.08%, according to the commission.

Supporters assert there is clear evidence and data that a lower blood alcohol level will result in fewer deadly crashes involving impaired drivers.

A survey commissioned by the Washington Traffic Safety Commission found 54% of those polled “strongly” or “somewhat” supported lowering the legal limit to 0.05%, with a third opposed.

Support grew to 71% and opposition dropped to 25% after those surveyed were given information on likely impacts of a lower limit, such as a decrease in fatal crashes and fewer impaired drivers. Results of the survey of 850 residents were released in December.

Mark McKechnie, external relations director for the commission, acknowledged in a statement that “there is still more work to do” with House members to understand what changing the policy could achieve.

“Lower BAC limits simply encourage people to avoid driving after drinking more than one or two drinks. Most people do this already,” he said. “There is overwhelming evidence that 0.05 saves lives, and the negative consequences that some fear have not been found anywhere else in the world.”

Some opponents doubt a lower limit will change the culture around drinking and driving, content that conducting more special DUI patrols would do more. In the Senate, foes questioned the ability to determine if one is legally drunk and worried enacting the change would drive away customers of bars, wineries and other hospitality businesses.

Progressive Democrats worry that a lower limit will result in police profiling and stopping more people in communities where overpolicing is already a concern.

Goodman said data shows moving to 0.05% will cause people to change their behavior and result in fewer stops, arrests and court cases. Similarly, he said, the experience of other nations is alcohol sales did not drop after the limit was lowered.

Sen. Marko Liias, D-Edmonds, chair of the Senate Transportation Committee, said it was a “huge step” to get the bill approved in the Senate.“It’ll be easier to get out next year,” he said. “We’re not giving up until we get it passed.”

This story first appeared on Washington State Standard.

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