Recently lowered blood-alcohol level hasn’t resulted in increase of arrests

Jolene Hull

Although the legal blood alcohol concentration level limit for driving was lowered in July, local law enforcement officials said they’ve seen minimal changes in the number of operating while intoxicated charges issued.

Gov. Tom Vilsack signed into law House File 65 on July 1. The law lowered the allowable blood alcohol concentration limit for operating a motor vehicle from .10 to .08.

In order to reach .08 blood alcohol content, a 170-pound male would have to consume four to five drinks in one hour on an empty stomach and a 130-pound female would have to consume three to four drinks.

Passage of the new .08 law means Iowa is now eligible to receive $45.6 million in federal road money between 2004 and 2007. Iowa could receive up to $2.4 million in federal incentive grants for passing the legislation.

ISU Police Capt. Gene Deisinger said he’s seen no change in the number of OWI charges issued that he would link to the enactment of the new law.

“Off-hand, I’ve not seen any significant difference that I would attribute directly to the .08 law,” he said. “Historically, the average blood alcohol content for OWIs in our department is well over .10.”

Deisinger said his department has recently seen an increase in OWIs.

“We’ve seen an increase in OWIs in the past month, but I would attribute that to the changes in our community,” he said. “There are more people around, and therefore, there will be an increase in alcohol-related arrests.”

Deisinger said many of the alcohol violations can be attributed to underage possession charges, in which a blood alcohol measure is not taken.

Deisinger said he hopes people will be mindful of the changed law.

“I would expect and hope that it causes more people to give careful consideration to their drinking choices,” he said.

Ames Police Patrol Cmdr. Randy Kessel also said he hasn’t seen any changes in the Ames Police Department’s arrest rate for OWIs since the legal limit was lowered. He said most of those arrested for OWIs by the Ames Police Department have a blood alcohol content of .13 or more.

Kessel said he’s seen an increase in designated drivers since the change.

“I’ve talked to more people who say their spouses or friends are driving,” he said. “The education is certainly getting to the public.”

Kessel said he believes the recently enacted law has increased public awareness of the consequences of drinking and driving.

“I think it has enhanced the drinking responsibility,” he said. “The lowering is making an impact in some people’s minds.”

Lt. John Evans of the Story County Sheriff’s Office said his department also has not seen any changes since the legal blood alcohol limit was lowered. He said the blood alcohol level the sheriff’s office usually sees exceeds .10.

Evans said he believes people are aware they need to be more responsible when drinking.

“I think people are very much more aware [of the lowered limit],” he said. “It’s just a matter of following through with that awareness.”

Evans said it’s easy for one to neglect the law while drinking.

“I would advise people to use extreme caution, because [a rising blood alcohol level] sneaks up on them,” he said. “They’re having a good time, and they can be over the legal limit when they have no idea they are.”

“People need to have a designated driver or not be in the situation at all,” he said.