House committee hears divided testimony on lowering DUI per-se limit to 0.05

The Community Safety Committee of the Washington House of Representatives heard extensive testimony Jan. 21 on House Bill 1315, which would lower the state's per-se blood alcohol concentration (BAC) limit for driving from 0.08% to 0.05% and make several related statutory changes.

Why it matters: Committee staff and public health and safety experts told lawmakers that a lower per-se limit is associated with fewer fatal crashes, while hospitality and alcohol-industry witnesses warned that the change could penalize responsibly drinking customers and present enforcement challenges.

At the work session that preceded the formal hearing, Dr. Tao Quanget, chief science officer for the Washington Department of Health, described how alcohol affects judgment, coordination and visual tracking. "Alcohol begins to affect the body and the brain almost immediately," Quanget said, noting that "one standard drink in one hour... can be expected to result in a blood alcohol concentration of 0.03% for an average woman and 0.02% for an average man." Mark McKechnie, external relations director for the Washington Traffic Safety Commission, told the committee that traffic deaths in Washington rose 75% from 2014 to 2023, and that impaired-driver-involved fatalities rose 80% in the same period. "Between 2014 and 2023, they increased overall 75% with 809 deaths in 2023," McKechnie said.

National and international evidence was central to supporters' arguments. Tom Chapman, a member of the National Transportation Safety Board, reiterated the board's long-standing recommendation for a 0.05 per-se limit and cited research estimating an average 11% decrease in impaired-driving fatalities after lowering limits to 0.05. Dr. Beth Ebel, a pediatrician and trauma specialist at Harborview Medical Center, said the change would save lives: "These deaths that we're discussing today are entirely preventable," she said.

Victims' families and advocates also urged action. Ashley Bonis, whose sister died after being struck by an impaired driver, told lawmakers, "Until we make a change, no 1 is safe on our roads in Washington state." Mothers Against Drunk Driving and other safety organizations testified in favor of the bill, citing Utah's experience after adopting a 0.05 per-se limit and international comparisons where many countries already use 0.05 or lower limits.

Opponents — including the Washington Hospitality Association, the Washington Wine Institute and the Washington Brewers Guild — urged caution. Julia Gorton, representing the hospitality industry, told the committee, "This proposal... impacts drivers who are not impaired with a BAC below 0.08. These are our customers who choose to follow the law and stop drinking before becoming impaired and who will now be subject to the toughest DUI penalties in the country." Servers and bartenders raised practical concerns about identifying impairment at lower BACs; Emily Bourne, a server at Cascadia Pizza, said, "At point 05, most people don't show obvious signs of intoxication... Asking me to enforce a limit that is essentially invisible in real time puts me in an impossible position."

Law enforcement and prosecutors offered mixed feedback on related sentencing provisions in the bill. Lieutenant Jeff Flynn of the Washington State Patrol described the three-phased roadside assessment officers use to determine impairment and emphasized that officers rely on observed impairment as well as BAC results. Amy Friedheim, chair of the felony traffic unit in the King County Prosecutor's Office, supported lowering the per-se limit but warned against statutory changes that would reduce mandatory minimums for repeat offenders.

Committee staff outlined additional HB 1315 provisions beyond the per-se change: increasing the statute of limitations for DUI/physical control from two to three years, revising mandatory-minimum alternatives for repeat offenders, requiring substance use disorder assessment and treatment where appropriate, eliminating a witness fee for Department of Licensing hearings, and directing the Washington Traffic Safety Commission to run a public information campaign.

The bill drew high public engagement: dozens of witnesses testified over the committee's extended hearing. Lawmakers did not take a final vote during the Jan. 21 session; the measure remained under consideration for amendment and further review.

For now, HB 1315 remains a live proposal. The committee will weigh the competing policy goals of reducing impaired-driving fatalities, avoiding unintended burdens on servers and small businesses, and preserving or revising criminal penalties for repeat offenders.