Safety Recommendation H-13-005
Details
Synopsis: The National Transportation Safety Board (NTSB) has long been concerned about alcohol-impaired driving, which accounts for approximately one-third of all US highway fatalities. In the past several decades, awareness of the dangers of alcohol-impaired driving has increased. Public and private entities focusing on this safety issue have changed social perceptions concerning alcohol-impaired driving; they have also achieved important legislative actions to help reduce it. Due to these efforts, the number of lives lost annually in alcohol-impaired-driver-related crashes declined 53 percent, from 21,113 in 1982 to 9,878 in 2011; and the percentage of highway fatalities resulting from alcohol-involved crashes is down from 48 percent in 1982 to about 31 percent today. In recent years, however, US success in addressing this safety issue has plateaued. Since 1995, although the annual number of fatalities has declined, nearly one in three of all highway deaths still involves an alcohol-impaired driver. The cause of these deaths is well understood and preventable, yet even the most concerted efforts have not kept thousands of lives from being lost each year. If traditional methods are no longer reducing the problem, new—and possibly challenging—initiatives must be considered. In this safety report, the NTSB— • Describes the scope of the impaired driving problem; • Summarizes the efforts of advocacy groups, researchers, law enforcement agencies, traffic safety groups, public health organizations, legislators, and motor vehicle agencies, as well as federal, state, and local governments, to reduce the number of crashes, injuries, and fatalities; • Examines the effect of alcohol consumption on an individual’s ability to operate a motor vehicle and on the risk of being involved in a crash; and • Evaluates the effectiveness of current and emerging alcohol-impaired driving countermeasures and identifies new approaches and actions needed to reduce and ultimately eliminate alcohol-impaired driving.
Recommendation: TO THE 50 U.S. STATES AND THE COMMONWEALTH OF PUERTO RICO AND THE DISTRICT OF COLUMBIA: Establish a per se blood alcohol concentration (BAC) limit of 0.05 or lower for all drivers who are not already required to adhere to lower BAC limits.
Original recommendation transmittal letter: PDF
Overall Status: Open - Unacceptable Response
Mode: Highway
Location: United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA12SS006
Accident Reports:
Report #: SR-13-01
Accident Date: 6/28/2012
Issue Date: 6/3/2013
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky (Open - Unacceptable Response)
Commonwealth of Massachusetts (Open - Unacceptable Response)
Commonwealth of Pennsylvania (Open - Unacceptable Response)
Commonwealth of Puerto Rico (Open - Unacceptable Response)
Commonwealth of Virginia (Open - Unacceptable Response)
District of Columbia (Open - Unacceptable Response)
State of Alabama (Open - Unacceptable Response)
State of Alaska (Open - Unacceptable Response)
State of Arizona (Open - Unacceptable Response)
State of Arkansas (Open - Unacceptable Response)
State of California (Open Acceptable Alternate Response)
State of Colorado (Open - Unacceptable Response)
State of Connecticut (Open Acceptable Alternate Response)
State of Delaware (Open Acceptable Alternate Response)
State of Florida (Open - Unacceptable Response)
State of Georgia (Open - Unacceptable Response)
State of Hawaii (Open - Acceptable Response)
State of Idaho (Open - Unacceptable Response)
State of Illinois (Open - Unacceptable Response)
State of Indiana (Open - Unacceptable Response)
State of Iowa (Open - Unacceptable Response)
State of Kansas (Open - Unacceptable Response)
State of Louisiana (Open - Unacceptable Response)
State of Maine (Open - Unacceptable Response)
State of Maryland (Open - Unacceptable Response)
State of Michigan (Open Acceptable Alternate Response)
State of Minnesota (Open - Unacceptable Response)
State of Mississippi (Open - Unacceptable Response)
State of Missouri (Open - Unacceptable Response)
State of Montana (Open - Unacceptable Response)
State of Nebraska (Open - Unacceptable Response)
State of Nevada (Open - Unacceptable Response)
State of New Hampshire (Open - Unacceptable Response)
State of New Jersey (Open - Unacceptable Response)
State of New Mexico (Open - Unacceptable Response)
State of New York (Open - Acceptable Response)
State of North Carolina (Open - Unacceptable Response)
State of North Dakota (Open - Unacceptable Response)
State of Ohio (Open - Unacceptable Response)
State of Oklahoma (Open - Unacceptable Response)
State of Oregon (Open Acceptable Alternate Response)
State of Rhode Island (Open - Unacceptable Response)
State of South Carolina (Open - Unacceptable Response)
State of South Dakota (Open - Unacceptable Response)
State of Tennessee (Open - Unacceptable Response)
State of Texas (Open - Unacceptable Response)
State of Utah (Closed - Acceptable Action)
State of Vermont (Open Acceptable Alternate Response)
State of Washington (Open Acceptable Alternate Response)
State of West Virginia (Open - Unacceptable Response)
State of Wisconsin (Open - Unacceptable Response)
State of Wyoming (Open - Unacceptable Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: Commonwealth of Puerto Rico
Date: 6/21/2022
Response: We are disappointed that Puerto Rico has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: Commonwealth of Puerto Rico
Date: 9/4/2014
Response: In 2013 or 2014, did Puerto Rico consider applicable legislation? Will there be any effort to address this recommendation?
From: Commonwealth of Puerto Rico
To: NTSB
Date: 7/31/2013
Response: -From Maritere Padilla Rodreiguez, ESQ, Governor’s Advosir, Office of Infrastructure, Environment, and Planning: We received your letter regarding the safety recommendations to adopt policies to address it. Thanks for this valuable information.
From: NTSB
To: District of Columbia
Date: 6/21/2022
Response: We are disappointed that the District has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to provide the leadership necessary to ensure that the District passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: District of Columbia
Date: 9/4/2014
Response: In 2013 or 2014, did the District of Columbia consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: District of Columbia
Date: 11/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your city and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: District of Columbia
To: NTSB
Date: 10/3/2013
Response: -From Cathy Lanier, Chief of Police: The District of Columbia (D.C.) enacted legislation (Comprehensive Impaired Driving Amendment Act of2012) lowering the per se BAC limit to 0.04 for all commercial drivers. This affects not only motor carrier operators, but a range of operators, from taxi cab drivers, tour bus drivers to pedi-cab operators. The per se BAC limit for non-commercial drivers remains 0.08.
From: NTSB
To: State of Alaska
Date: 6/21/2022
Response: We are disappointed that Alaska has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Alaska
Date: 9/4/2014
Response: In 2013 or 2014, did Alaska consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Alaska
Date: 9/12/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-12-46 and H-13-5 through -9, as well as any other open recommendations, at the conclusion of our review.
From: State of Alaska
To: NTSB
Date: 9/5/2013
Response: -From Jeff Jones, Special Assistant, Office of the Governor of Alaska: Thank you for the notice of the National Transportation Safety Board's wrong-way driving accidents report and the impact of this type of accident on older drivers. I have consulted with safety experts in the Alaska Department of Transportation and Public Facilities (ADOT&PF), who both manage all highway crash records, and also prepare the Strategic Highway Safety Plan (SHSP) in Alaska, a requirement that Congress passed in 2005 legislation known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act- A Legacy for Users. Under Section 148 of Title 23, the law calls for a comprehensive traffic safety plan, based in large part on a review of data pertaining to crash causation factors. The most recent SHSP was completed in 2012 (http://dot.alaska.gov/stwdplng/stsplindex.shtml). By federal law, this plan must be based on evidence of crash records, traffic citations, and other information, and then sets out a series of recommendations to focus our efforts on those strategies and projects that would best allocate scarce safety funding. The most recent plan did not identify wrong-way crashes as a significant factor on Alaska's roadways, nor did it identify seniors as experiencing a disproportionate number of overall crashes. Currently 10.1 percent of Alaska's drivers are over 65 but they account for 9.0 percent of total crashes. The age of our drivers is an emerging concern, due in large part to our population demographics that indicate the state has among the fastest growing number of seniors of all states. In 2010, the United States Census Bureau projected that "The Alaska senior population is projected to grow at a significant rate, from just over 90,000 seniors in 2010 to more than 137,500 in 2020 and over 157,800 in 2030." This trend will continue to require adjustment in a wide variety of transportation policies and other state services going forward. -From Joseph Masters, Commissioner, Department of Public Safety and Patrick J. Kemp, P.E., Commissioner, Department of Transportation: Current Alaska law allows for a BAC under 0.08. The exception to that is with drivers under the age of 21 which have a .00 threshold (Alaska Statutes 28.15.1832 and 28.35.280), and drivers operating a commercial motor vehicle with a BAC of 0.04 or more (Alaska Statute 28.33.030). The research conducted by Alaska Department of Public Safety (DPS) indicates that the vast majority of fatal crashes involving alcohol occur with a driver having a BAC of 0.08 or greater. It does not appear that lowering the BAC to 0.05 would have a significant impact on these crash rates and, as of this time, there are potential issues with the implementation of effective Standardized Field Sobriety Tests that would accurately, effectively, and consistently detect impairment at 0.05.
From: NTSB
To: State of Alabama
Date: 6/21/2022
Response: We are disappointed that Alabama has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Alabama
To: NTSB
Date: 12/11/2014
Response: -From Bill Whatley, Public Safety Unit Chief, Law Enforcement and Traffic Safety Division, Alabama Department of Economic and Community Affairs: There are no plans to address this issue.
From: NTSB
To: State of Alabama
Date: 9/4/2014
Response: In 2013 or 2014, did Alabama consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Arizona
Date: 6/21/2022
Response: We are disappointed that Arizona has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Arizona
Date: 9/4/2014
Response: In 2013 or 2014, did Arizona consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Arkansas
Date: 6/21/2022
Response: We are disappointed that Arkansas has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Arkansas
Date: 9/4/2014
Response: In 2013 or 2014, did Arkansas consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of California
Date: 6/21/2022
Response: We note that in 2019 your state considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: NTSB
To: State of California
Date: 9/4/2014
Response: In 2013 or 2014, did California consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Colorado
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Colorado
To: NTSB
Date: 12/1/2014
Response: -From Darrell S. Lingk, Director, Office of Transportation Safety, Colorado Department of Transportation, Colorado Governor’s Highway Safety Coordinator (designee): No action has been taken and none is anticipated.
From: NTSB
To: State of Colorado
Date: 9/4/2014
Response: In 2013 or 2014, did Colorado consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Connecticut
Date: 10/20/2022
Response: We note that the CTDOT proposed a bill during the 2021 legislative session to lower the BAC limit in your state to 0.05 g/dL; however, the Transportation Committee did not raise the legislative proposal in committee, so it never saw a vote on the Senate or House floor. Pending Connecticut passing the recommended legislation, Safety Recommendation H-13-5 is classified “OPEN—ACCEPTABLE ALTERNATE RESPONSE.”
From: State of Connecticut
To: NTSB
Date: 7/15/2022
Response: -From Garrett Eucalitto, Governors Highway Safety Representative, Deputy Commissioner, Connecticut Department of Transportation: The Connecticut Department of Transportation submitted proposed 0.05 BAC legislation to the Connecticut General Assembly during the 2021 legislative session. Meetings were coordinated between Connecticut’s HSO and the Office of Highway Safety in Utah to discuss how they were able to pass 0.05 BAC legislation. Several other State legislative offices that had proposed 0.05 BAC legislation in recent years were also consulted. Unfortunately, the Transportation Committee did not raise the legislative proposal in committee, so it never saw a vote on the Senate or House floor. The Connecticut Department of Transportation plans to continue efforts in future legislative sessions to educate the public and lawmakers on this life saving legislation. We thank you for the opportunity to respond to these lifesaving safety recommendations by the NTSB and look forward to further collaboration to save lives on Connecticut’s roadways.
From: NTSB
To: State of Connecticut
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Connecticut
To: NTSB
Date: 12/4/2014
Response: -From Joseph T. Cristalli, Jr., Principal Safety Program Coordinator, State of Connecticut, Department of Transportation: (Division of Criminal Justice response) CT's per se BAC law-§ 14-227a, establishes. 08 as the threshold level.
From: NTSB
To: State of Connecticut
Date: 9/4/2014
Response: In 2013 or 2014, did Connecticut consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Delaware
Date: 6/21/2022
Response: We note that your state considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers in 2017. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of such legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: NTSB
To: State of Delaware
Date: 9/4/2014
Response: In 2013 or 2014, did Delaware consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Florida
Date: 6/21/2022
Response: We are disappointed that Florida has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. Please reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Florida
To: NTSB
Date: 1/22/2015
Response: -From Lora Bailey Hollingsworth, P.E., Chief Safety Officer, Highway Safety Coordinator: Legislation was considered but it did not move on the floor. Further action is not anticipated at this time. Close H-13-5.
From: NTSB
To: State of Florida
Date: 9/4/2014
Response: In 2013 or 2014, did Florida consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Florida
Date: 11/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to the state of Florida and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of Florida
To: NTSB
Date: 9/20/2013
Response: From Ananth Prasad, P.E., Florida Department of Transportation: Section 316.193, Florida Statutes, establishes the per se breath alcohol level (BAL) for impaired driving. The FIDC created an internal task force to review Florida traffic laws, make recommendations for legislative changes and secure support for passage of priority legislation. Additionally, the FIDC established a goal to reduce the number of impaired driving fatalities and serious injuries by 15% by 2015 compared to 2009 data. Alcohol Related/Suspected fatalities and injuries totaled 15,139 in 2009 and 12,736 in 2011. Progress is measured and reported through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) Performance Dashboard (located at www.flhsmv.gov).
From: NTSB
To: State of Georgia
Date: 2/23/2023
Response: To date, Utah is the only state that has established a per se BAC limit of 0.05 g/dL. The National Highway Traffic Safety Administration recently published Evaluation of Utah’s .05 BAC Per Se Law, which found that, from 2016 to 2019, after Utah established the lower BAC limit, Utah’s fatal crash rate and fatality rate were reduced 19.8 percent and 18.3 percent, respectively, compared to 5.6 percent and 5.9 percent for the rest of the United States. The study found that Utah drivers reported changed behaviors, such as arranging alternate transportation when drinking away from home. The study’s evaluation did not find any negative effects on alcohol sales, tourism, or tax revenues, nor did it find a marked increase in impaired driving arrests. We note that the General Assembly of Georgia has not considered legislation establishing a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Georgia
To: NTSB
Date: 9/21/2022
Response: -From Allen Poole, Director, Georgia Governor’s Office of Highway Safety: The State of Georgia recognizes public safety is one of its primary responsibilities and enacts and enforces laws with the goal of protecting the public. For a person to obtain a license to drive in the State of Georgia, they must sign an implied consent affidavit stating they will never operate a motor vehicle while impaired by any substance. Persons who sign this affidavit also agree to consent to submitting to a field sobriety test to determine whether they are legally too impaired to operate a motor vehicle. Persons who refuse to take this test in the field have their license to operate a motor vehicle in the State of Georgia immediately suspended. Georgia’s efforts to eliminate substance-impaired driving deaths were hampered with a 2019 Georgia Supreme Court ruling that the state’s DUI law that allowed prosecutors to use a refusal to take a breath test against the defendant in a court of law violated the state’s Constitution as the Court ruled provisions preventing persons from incriminating themselves in criminal proceedings in the State of Georgia Constitution go further that what is in the Constitution of the United States of America. The State of Georgia in that same year enacted a new DUI law that removed the provision that a refusal to submit to a field sobriety test would be used against a person in a court of law. The initial inquiry outlined nine recommendations made to Georgia in 2012 with three of the recommendations classified by NTSB on 6/21/22 as “Open-Acceptable Response” and another classified “Closed-Acceptable Action.” The following is the response to the five recommendations the NTSB has currently classified “Open-Unacceptable Response.” Georgia remains open to all constitutional measures that will help eliminate traffic crash deaths caused by substance-impaired drivers and is one of 49 states that has the .08 BAC limit. The State of Georgia remains committed to preventing deaths and injuries caused by impaired driving crashes on our roads. Georgia will continue to look at new legislation and programs that will help bring the number of impaired-driving deaths on our roads to the realistic goal of zero. One key component in preventing substance-impaired driving crashes in the state remains high visibility enforcement with state troopers and local law enforcement officers conducting DUI patrols and sobriety checkpoints throughout the year. However, the COVD-19 pandemic has presented a new challenge with preliminary NHTSA Fatality Analysis Reporting System (FARS) data showing an increase in alcohol-related fatalities in the United States in 2020 compared to 2019. With more people working and spending more time at home where alcohol and other impairing substances are easily available, there is a realistic chance the United States could see an increase in substance-impaired drivers on our roads in the coming years. The State of Georgia is ready to work with highway safety advocates at all levels to explore and implement new methods to reduce the number of persons killed in substance-impaired caused crashes.
From: NTSB
To: State of Georgia
Date: 6/21/2022
Response: We are disappointed that Georgia has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your position and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Georgia
Date: 9/4/2014
Response: In 2013 or 2014, did Georgia consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Hawaii
Date: 6/21/2022
Response: We note that Hawaii considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers in 2017 and 2021. We again encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE RESPONSE.
From: NTSB
To: State of Hawaii
Date: 9/4/2014
Response: Has Hawaii reconsidered its position on this recommendation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Hawaii
Date: 9/18/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36, as well as any other open recommendations, at the conclusion of our review.
From: State of Hawaii
To: NTSB
Date: 8/22/2013
Response: -From Neil Abercrombie, Governor of Hawaii: Although it is a safety issue, establishing a per se blood alcohol concentration (BAC) limit of 0.05 is not recommended at this time: It would take legislative action to pass the 0.05 law and at this time legislators do not see it passing. Society is not ready to accept this low BAC requirement.
From: NTSB
To: State of Idaho
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Idaho
Date: 9/4/2014
Response: In 2013 or 2014, did Idaho consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Illinois
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Illinois
Date: 9/4/2014
Response: In 2013 or 2014, did Illinois consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Indiana
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Indiana
Date: 9/4/2014
Response: In 2013 or 2014, did Indiana consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Iowa
Date: 6/21/2022
Response: We are disappointed that Iowa has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Iowa
Date: 9/4/2014
Response: In 2013 or 2014, did Iowa consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Kansas
Date: 1/5/2023
Response: We note that, although lowering the BAC limit to .05 g/dL was considered by the Kansas Legislature’s DUI [driving under the influence] Advisory Committee, the proposal did not receive enough support to be included in the committee’s final 2020 recommendations to the Kansas Legislature. We further note that, within the last two legislative cycles, the Kansas Legislature has not attempted to enact legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending your state passing such legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Kansas
To: NTSB
Date: 8/29/2022
Response: -From Julie Lorenz, Kansas Secretary of Transportation: The following is a list of action or activity in support of this recommendation: • This topic was raised for consideration by the Legislatively supported DUI Advisory Committee but did not receive enough support to be included in the Committees final recommendations to the KS Legislature in 2020.
From: NTSB
To: State of Kansas
Date: 6/21/2022
Response: We are disappointed that Kansas has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Kansas
Date: 9/4/2014
Response: Has Kansas taken any further action to implement this recommendation?
From: NTSB
To: State of Kansas
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9 and H-12-34 through -36, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of Kansas
To: NTSB
Date: 9/13/2013
Response: -Chris Bortz, Traffic Safety Manager, Kansas Department of Transportation: Implementation of a per se .05 level of impairment will require additional research. Research items will focus on, but are not limited to, law enforcement identification of impaired drivers at the new lower level and assessment of the resources needed to arrest impaired drivers, conduct the administrative hearings, adjudicate and treat offenders.
From: NTSB
To: Commonwealth of Massachusetts
Date: 6/21/2022
Response: We are disappointed that Massachusetts has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: Commonwealth of Massachusetts
To: NTSB
Date: 3/24/2015
Response: -From Krystian Boreyko, Program Coordinator, Highway Safety Division, Office of Grants and Research, Executive Office of Public Safety and Security: In 2013 or 2014, did Massachusetts consider applicable legislation? Will there be any effort to address this recommendation? Massachusetts did not consider any applicable legislation and it is unlikely to do so.
From: NTSB
To: Commonwealth of Massachusetts
Date: 9/4/2014
Response: In 2013 or 2014, did Massachusetts consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: Commonwealth of Kentucky
Date: 6/21/2022
Response: We are disappointed that Kentucky has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: Commonwealth of Kentucky
To: NTSB
Date: 12/3/2014
Response: -From Michael W. Hancock, P.E., Secretary, Transportation Cabinet, Commonwealth of Kentucky: Per se BAC of 0.05 was proposed during the 2014 legislative session but did not advance (http://www.lrc.ky.gov/record/14RS/HB14.htm ).
From: NTSB
To: Commonwealth of Kentucky
Date: 9/4/2014
Response: What is the status of the legislation? What further actions are planned to address this recommendation?
From: NTSB
To: Commonwealth of Kentucky
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8 and -10, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: Commonwealth of Kentucky
To: NTSB
Date: 9/17/2013
Response: -Michael W. Hancock, P.E., Secretary: A bill to address this recommendation has been prefiled for the 2014 Kentucky General Assembly, which convenes in January. Bill Request 40, if enacted, would lower the BAC limit from 0.08 to 0.05.
From: NTSB
To: Commonwealth of Pennsylvania
Date: 2/23/2023
Response: We note that the Pennsylvania General Assembly has not considered legislation establishing a per se BAC limit of 0.05 g/dL or lower for all drivers in the last two legislative cycles. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: Commonwealth of Pennsylvania
To: NTSB
Date: 9/21/2022
Response: From Melissa J. Batula, PE, Acting Executive Deputy Secretary, Pennsylvania Department of Transportation: Impaired Driving has been identified as one of three Priority Emphasis Areas in the Pennsylvania Department of Transportation’s (PennDOT) Strategic Highway Safety Plan. These areas provide the greatest potential for significantly reducing traffic fatalities and serious injuries. Through PennDOT’s continued program of high visibility enforcement coupled with educational outreach and other supporting countermeasures, the Department will continue to apply a strong and concerted effort to this important highway safety focus area. Enclosed is a detailed description of what Pennsylvania is doing for each of the recommendations offered by the NTSB. No legislation has been introduced in Pennsylvania lowering the per se limit for impaired driving offenses to 0.05 or lower. A change in the per se limit for impaired driving in Pennsylvania can only be achieved through legislation, which is signed into law.
From: NTSB
To: Commonwealth of Pennsylvania
Date: 6/21/2022
Response: We are disappointed that Pennsylvania has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers in Pennsylvania. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: Commonwealth of Pennsylvania
Date: 9/4/2014
Response: In 2013 or 2014, did Pennsylvania consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: Commonwealth of Virginia
Date: 6/21/2022
Response: We are disappointed that Virginia has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: Commonwealth of Virginia
Date: 9/4/2014
Response: In 2013 or 2014, did Virginia consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Louisiana
Date: 6/21/2022
Response: We are disappointed that Louisiana has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Louisiana
Date: 6/21/2022
Response: We are disappointed that Louisiana has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Louisiana
Date: 9/4/2014
Response: In 2013 or 2014, did Louisiana consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Montana
Date: 6/21/2022
Response: We are disappointed that Montana has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Montana
Date: 9/4/2014
Response: In 2013 or 2014, did Montana consider applicable legislation? Will there be any effort to address this recommendation?
From: State of Maine
To: NTSB
Date: 1/20/2023
Response: -From Michael Sauschuck, Commissioner and Governor’s Highway Safety Representative: As the NTSB is aware, only one state has currently moved to a .05 per se BAC limit. The effects of this change are still not clear, and Maine is waiting for more data points to become available from Utah to better help Maine judge the effectiveness of the law change. Additionally, Maine law [Title 29-A §2432 (2)] already allows a BAC between 0.05 and 0.08 to be treated as possible evidence (not prima facie) of operating under the influence for holders of conditional licenses. According to FARS data, the initial correlation between fatal crashes and the law change was that of a steep reduction. From 20161 to 2019, the number of fatal crashes in Utah reduced by approximately 13 percent of the 2016 numbers. This was a much greater reduction than Maine (4.6 percent of the same numbers) or the national reduction (3.6 percent of the same numbers). In 2020, Utah returned to near the same number of fatal crashes in 2016: Utah had a reduction of 2 fatal crashes (0.78 percent) when comparing 2016 to 2020. Further, preliminary data suggests that Utah had 293 fatal crashes in 2021, an increase of approximately 13 percent from 2016. Thus, while there was a sharp decrease in fatal crashes and while even a temporary but extreme reduction in fatal crashes would be laudable, there is yet little evidence that the reduction in the number of fatal crashes associated with Utah's law change will be a sustained reduction. 3 Once more data is obtained, Maine and others could better see if the initial effects of Utah's law change were sustained. By obtaining such data before any proposal, Maine hopes to avoid a situation similar to that of California, Delaware, Michigan, New York, Oregon, Vermont, and Washington, where the .05-type bills have seemingly stalled.
From: NTSB
To: State of Maine
Date: 6/21/2022
Response: We are disappointed that Maine has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Maine
Date: 2/26/2015
Response: We are disappointed that you have not established, and have no plans to establish, a per se 0.05 or lower BAC limit. We urge you to reconsider your position and enact such legislation to reduce the number of crashes, injuries, and fatalities caused by alcohol impaired driving to better protect all Maine residents and others traveling on Maine’s roadways. Pending your taking such action, Safety Recommendation H-13-5 is classified OPEN—UNACCEPTABLE RESPONSE.
From: State of Maine
To: NTSB
Date: 10/9/2014
Response: -From Lauren V. Stewart, Director, Maine Department of Public Safety, Bureau of Highway Safety: No.
From: NTSB
To: State of Maine
Date: 9/4/2014
Response: In 2013 or 2014, did Maine consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Maryland
Date: 12/19/2022
Response: We note that Maryland is monitoring Utah’s successful adoption of a 0.05 g/dL per se law. A 2022 NHTSA study, Evaluation of Utah’s .05 BAC Per Se Law, found that Utah’s fatal crash rate and fatality rate reductions from 2016 to 2019 were 19.8 percent and 18.3 percent, respectively, compared to 5.6 percent and 5.9 percent for the rest of the United States. An evaluation of the law’s effects found that Utah drivers reported changed behaviors, such as arranging alternate transportation when drinking away from home. The evaluation did not find any negative effects on alcohol sales, tourism, or tax revenues, nor did it find a marked increase in impaired driving arrests. Although Utah has shown the benefits of adopting a 0.05 g/dL per se law, the Maryland General Assembly has not considered legislation similar legislation. Pending adoption of a per se BAC limit of 0.05 or lower, Safety Recommendation H 13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of Maryland
To: NTSB
Date: 8/31/2022
Response: -From James F. Ports, Jr., Secretary, Maryland Department of Transportation: As noted, this would require action by the Maryland General Assembly. There has not been legislation introduced on this topic yet in Maryland. Maryland is currently monitoring the experience of Utah in lowering the BAC level.
From: NTSB
To: State of Maryland
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Maryland
To: NTSB
Date: 11/25/2014
Response: -From Kathleen Graham, Safety Program Section Chief, Maryland Motor Vehicle Administration: Maryland continues to monitor this recommendation and any research and analysis that will further support this movement. The Highway Safety Office continues to monitor directives provided by NHTSA and provide information to the Governor's representative for highway safety regarding this matter.
From: NTSB
To: State of Maryland
Date: 9/4/2014
Response: What further actions have been taken or planned to implement this recommendation?
From: NTSB
To: State of Maryland
Date: 9/3/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9 and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of Maryland
To: NTSB
Date: 7/10/2013
Response: -From James T. Smith, Jr., Secretary, Maryland Department of Transportation: Thank you for your letter regarding Maryland's compliance with the National Transportation Safety Board (NTSB) Safety Recommendations. The Governor received your letter and asked me to respond on his behalf. One of Maryland's priorities is safe driving. In particular, issues related to impaired-driving receive a great deal of attention and resources from the Maryland Motor Vehicle Administration's (MVA), Maryland Highway Safety Office (MHSO), and its State and local partners. The NTSB 's continued efforts to improve laws and practices nationally are important to Maryland and are among those considered and monitored for implementation or already in place in our Strategic Highway Safety Plan and the Impaired Driving Emphasis Area Team (IDEAT). The H-13-05- asks States to establish a per se blood alcohol concentration limit of 0.05 BAC or lower for all drivers. Maryland is carefully monitoring this recommendation and any research and analysis that will further support this movement. In addition, the MHSO will monitor the directives provided by the National Highway Traffic Safety Administration (NHTSA) and provide information to the Governor's representative for highway safety regarding this matter.
From: NTSB
To: State of Michigan
Date: 6/21/2022
Response: We acknowledge that Michigan has considered, but failed to pass, legislation in 2019 to require a per se BAC limit of 0.05 percent or lower for all drivers. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: State of Michigan
To: NTSB
Date: 12/3/2014
Response: -From Michael Prince, Michigan Office of Highway Safety Planning: Currently, Michigan has a sunset provision for the state’s .08 BAC law. The legislative focus will be to remove this sunset before pursuing the lowering of the limit to .05 BAC. The Michigan Office of Highway Safety Planning will be funding a study in FY 2015 to analyze the state’s current .08 BAC law.
From: NTSB
To: State of Michigan
Date: 9/4/2014
Response: Has Michigan taken any further action to address this recommendation?
From: NTSB
To: State of Michigan
Date: 9/18/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8, and -10, and H-12-34 through 36, and -45, as well as any other open recommendations, at the conclusion of our review.
From: State of Michigan
To: NTSB
Date: 8/26/2013
Response: -From Col. Kristie Kibbey Etue, Director, State of Michigan, Department of State Police, Lansing, Michigan: To date, there have been no legislative proposals to lower the BAC to .05 in Michigan. We are monitoring the establishment and impact of . 05 BAC laws in other states as well as ongoing research on this issue through the Office of Highway Safety Planning (OHSP), a division of the Michigan State Police (MSP).
From: State of Minnesota
To: NTSB
Date: 2/1/2023
Response: -From Michael J. Hanson, Director Department of Public Safety Office of Traffic Safety, Designated Governor’s Highway Safety Representative: On behalf of Governor Walz and the Minnesota Department of Public Safety we would like to thank you for sharing the important safety information in NTSB Safety Recommendation H-12-34—36, H-12-14, and H-13-5-9 as they apply to Minnesota. We share you concern regarding the critical issue of impaired driving. The Department of Public Safety Office of Traffic Safety (DPS-OTS) is the primary agency responsible for traffic safety programs, initiatives, and policy development in Minnesota. Minnesota DPS-OTS is committed to providing the highest level of service to Minnesota citizens and to ensuring the highest level of safety on Minnesota roadways. This commitment applies to all road users and, as specifically referenced in this NTSB Safety Recommendation; preventing impaired driving attributed crashes. Minnesota has long been a leader when it comes combatting the serious and critical public safety issue posed by impaired driving. Working with our legislative and other political leaders, we have a demonstrated history of progressive and innovative solutions to preventing both first offenses and the reduction/prevention of recidivism. Minnesota values the guidance and best practices recommendations contained in these recommendations. Minnesota will continue to evaluate, adopt and implement the strategies that will end impaired driving on all of our roads. We appreciate the opportunity to work with all of our federal partners to ensure that everything possible is being done to prevent impaired driving and ensure the safety of all road users. Thank you for this valuable information. Minnesota will evaluate and study the emerging evidence that is being produced related to a lowered .05 percent BAC limit. Minnesota DPS will work with and inform policy makers of the findings in order to develop the strategy(s) (including a lowed BAC limit) that will ultimately reduce the incidences of impaired driving on our roads.
From: NTSB
To: State of Minnesota
Date: 6/21/2022
Response: We are disappointed that Minnesota has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Minnesota
To: NTSB
Date: 11/7/2014
Response: -From Donna Berger, Director, Office of Traffic Safety, Governor’s Highway Safety Representative: No, the Minnesota legislature has not considered this and is unlikely to do so.
From: NTSB
To: State of Minnesota
Date: 9/4/2014
Response: Has Minnesota taken any further action to address this recommendation?
From: NTSB
To: State of Minnesota
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of Minnesota
To: NTSB
Date: 8/21/2013
Response: -From Ramona L. Dohman, Commissioner: Lowering the current BAC from 0.08 to 0.05 would require legislative approval. The Office of Traffic Safety (OTS) will continue to educate legislators on the effects of impaired driving.
From: NTSB
To: State of Mississippi
Date: 6/21/2022
Response: We are disappointed that Mississippi has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Mississippi
Date: 9/4/2014
Response: In 2013 or 2014, did Mississippi consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Missouri
Date: 2/23/2023
Response: We note that your Department of Transportation is developing a highway safety public policy package, which may include establishing the recommended BAC level, for the Missouri General Assembly to consider. We further note that, in the last two legislative cycles, the Missouri General Assembly has not considered legislation establishing a per se BAC limit of 0.05 g/dL or lower for all drivers. A highway safety public policy package that includes the recommended BAC level would show progress toward completing this recommendation. We ask that you inform us when this package is sent to your legislature and what it specifically includes regarding BAC levels. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Missouri
To: NTSB
Date: 8/24/2022
Response: -From Patrick K. McKenna, Director, Missouri Department of Transportation: The Missouri legislature has not yet pursued a BAC limit of 0.05. To our knowledge, only Utah has adopted such a limit. We acknowledge this recommendation is considered by many safety organizations, including Advocates for Highway & Auto Safety, to be an optimal law. MoDOT has been reviewing such optimal laws and is working to prepare a highway safety public policy package for consideration by the state legislature.
From: NTSB
To: State of Missouri
Date: 6/21/2022
Response: We are disappointed that Missouri has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Missouri
To: NTSB
Date: 11/17/2014
Response: -Leanna Depue, Highway Safety Director, MoDOT Traffic and Highway Safety: Missouri has taken no action to implement this recommendation. No immediate action is planned.
From: NTSB
To: State of Missouri
Date: 9/4/2014
Response: In 2013 or 2014, did Missouri consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of New York
Date: 6/21/2022
Response: We note that your state considered, but failed to pass, legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers in 2019 and 2021. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- ACCEPTABLE RESPONSE.
From: State of New York
To: NTSB
Date: 9/9/2015
Response: -From Charles R. DeWeese, Assistant Commissioner, New York State Department of Motor Vehicles, Governor’s Traffic Safety Committee: New York already prohibits driving with a BAC as low as .06. However, New York believes that lowering the per se BAC to 0.05 would render current statutes obsolete, would carry with it a large burden upon localities for enforcement, and conflict with current chemical test reading evidence. Legislation was introduced in 2013-14 (A.7565) that would lower the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .06, and for aggravated driving while intoxicated from .18 per centum to .14. Similar legislation was also introduced in 2015/16 (A.4369) that also did not pass. NY is not aware of any bills that would lower the BAC to .05 or lower.
From: NTSB
To: State of New York
Date: 6/12/2015
Response: We are encouraged by your efforts to use your “driving while ability impaired” offense to prohibit driving with a BAC as low as .06 and to attempt to enact legislation, in 2013 and 2014, to lower New York’s BAC limit to .06. We urge you to continue these efforts and to enact the recommended legislation to further reduce the number of crashes, injuries, and fatalities caused by alcohol impaired driving. Pending your completing such action, Safety Recommendation H 13-5 is classified OPEN—ACCEPTABLE RESPONSE.
From: State of New York
To: NTSB
Date: 11/4/2014
Response: -From Chuck DeWeese, Assistant Commissioner, Governor’s Traffic Safety Committee: On behalf of New York State DMV Commissioner Barbara Fiala, I have attached the updates on Open NTSB Highway Safety Recommendations. New York continues to make progress on some of the outstanding issues but, as you are aware, many of the areas of concern require legislative action which often takes years to achieve passage. The New York State Department of Motor Vehicles remains committed to the safety of transportation on our highways and will continue to seek improvements, including those recommended by the NTSB. Please advise if you have any questions. New York already prohibits driving with a BAC as low as .06. However, New York believes that lowering the per se BAC to 0.05 would render current statutes obsolete, would carry with it a large burden upon localities for enforcement, and conflict with current chemical test reading evidence. Legislation was introduced in 2013-14 (A.7565) that would lower the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .06, and for aggravated driving while intoxicated from .18 per centum to .14. This bill did not pass the Legislature. NY is not aware of any bills that would lower the BAC to .05 or lower.
From: NTSB
To: State of New York
Date: 9/4/2014
Response: Has New York taken any further action to address this recommendation?
From: NTSB
To: State of New York
Date: 9/3/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9 and H-12-34 through -36, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of New York
To: NTSB
Date: 7/29/2013
Response: -From Charles R. DeWeese, Assistant Commissioner, State of New York, Governor’s Traffic Safety Committee, Department of Motor Vehicles: In reply to your June 3, 2013 correspondence in reference to National Transportation Safety Board (NTSB) recommendations H-13-05 through H-13-09, H-00-26 and H-12-34 through 36, the State of New York agrees with NTSB' s approach of a comprehensive strategy to address impaired driving. New York has some of the toughest impaired driving laws in the nation, and we are proud of our National Highway Traffic Safety Administration low fatality rate designation. However, we recognize that any impaired driving fatality or injury is too many, and we are always striving to improve our safety record. In regard to recommendations H-13-05 through H-13-09, we applaud the Board for raising the visibility of the impaired driving problem, and we will review the research and the recommendation to lower the BAC for driving while impaired to .05. New York, unlike many other states, already prohibits driving with a BAC as low as .06. This is the lesser "impaired" offense of driving while ability impaired (DWAI). Accordingly, if New York elected to have a per se level BAC of .05 for DWI, this would eliminate the DWAI offense and render statutes relevant to such offense obsolete. It would also conflict with V &T 1195, entitled "Chemical test evidence", which states in part that upon the trial of any action for DWAI or DWI, evidence that there was a chemical test reading of .05 shall be prima facie evidence that the ability of the person to operate a motor vehicle was NOT impaired by the consumption of alcohol. Put simply, New York statutorily recognizes that a chemical test of .05 is not evidence of being impaired by alcohol. On an operational level, reducing the per se level BAC to .05 would also carry with it a large burden upon localities. Eliminating the DW AI offense would also eliminate the ability of district attorneys and local prosecutors to plea bargain contestable DWI cases down to DWAI. This could force local courts and prosecutors to conduct an additional40,000+ DWI trials a year. Regarding recommendation number H-13-06, New York law enforcement officers have used passive alcohol-sensing technologies during sobriety checkpoints in the past. However, false positives and battery life problems resulted in their discontinuance. New York will further explore the possibility of pilot testing some of these newer devices to determine their effectiveness and usability, and the highway safety office will consider funding purchases of the units if the pilot is successful. In reference to recommendation H-13-07 and 08, we have enclosed New York's most recent impaired driving section from the annual Highway Safety Plan (HSP). This plan clearly identifies the scope of the impaired driving problem in the State, lists proven countermeasures to address the problem and sets realistic goals to reduce alcohol and drug related crashes. Regarding recommendation number H-13-09, New York law provides for license suspension pending prosecution but does not require the installation of an interlock prior to a conviction. New York State law does require all persons convicted of driving while intoxicated to install an ignition interlock device for a minimum of 6 months on every automobile that they own or operate. In regard to post accident drug and alcohol data, Section 1194 of the New York State Vehicle and Traffic Law outlines arrest and testing procedures as follows: § 1194. Arrest and testing. 1. Arrest and field testing. (a) Arrest. Notwithstanding the provisions of section 140.10 of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a violation of subdivision one of section eleven hundred ninety-two of this article, if such violation is coupled with an accident or collision in which such person is involved, which in fact has been committed, though not in the police officer's presence, when the officer has reasonable cause to believe that the violation was committed by such person. (b) Field testing. Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section. 2. Chemical tests. (a) When authorized. Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood provided that such test is administered by or at the direction of a police officer with respect to a chemical test of breath, urine or saliva or, with respect to a chemical test of blood, at the direction of a police officer: (1) having reasonable grounds to believe such person to have been operating in violation of any subdivision of section eleven hundred ninety-two of this article and within two hours after such person has been placed under arrest for any such violation; or having reasonable grounds to believe such person to have been operating in violation of section eleven hundred ninety-two-a of this article and within two hours after the stop of such person for any such violation, (2) within two hours after a breath test, as provided in paragraph (b) of subdivision one of this section, indicates that alcohol has been consumed by such person and in accordance with the rules and regulations established by the police force of which the officer is a member; (3) for the purposes of this paragraph, "reasonable grounds" to believe that a person has been operating a motor vehicle after having consumed alcohol in violation of section eleven hundred ninety-two-a of this article shall be determined by viewing the totality of circumstances surrounding the incident which, when taken together, indicate that the operator was driving in violation of such subdivision. Such circumstances may include any visible or behavioral indication of alcohol consumption by the operator, the existence of an open container containing or having contained an alcoholic beverage in or around the vehicle driven by the operator, or any other evidence surrounding the circumstances of the incident which indicates that the operator has been operating a motor vehicle after having consumed alcohol at the time of the incident; or ..... Law enforcement officers may always ask if a driver is willing to give a blood or breath sample whether the officer believes intoxication/impaired or not. However, if the officer asks and the motorist declines, the officer must have "reasonable grounds to believe such person to have been operating in violation of any subdivision of section 1192 of this article" (i.e. impairment) to conduct a chemical test. Once the National Highway Traffic Safety Administration (NHTSA) develops and disseminates blood alcohol concentration testing and reporting guidelines as recommended in NTSB H-12-32 and a common standard of practice for drug toxicology testing as recommended in NTSB H-12-33, New York State will pursue adoption of those guidelines. In the meantime, we will continue to work closely with coroners to obtain all drug and alcohol testing data arid encourage officers to record BAC results of all drivers, even if the resulting reading is .000. In regard to place of last drink data, New York State currently records last drink location data when a breath alcohol test is administered and the data retained in the system is queried regularly by New York State STOP-DWI Coordinators. In instances in which a blood sample is taken in lieu of a breath sample, when possible, police record last drink location information in a supporting deposition. New York is committed to work with all parties with an interest in preventing fatalities and serious injuries as a result of impaired driving. Any impaired driving fatality or injury is one too many, and we will continue to strive to improve our safety record.
From: NTSB
To: State of Nebraska
Date: 6/21/2022
Response: We are disappointed that Nebraska has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Nebraska
To: NTSB
Date: 11/14/2014
Response: -From Fred E. Zwonechek, Administrator, Nebraska Office of Highway Safety: No consideration of a 0.05 BAC limit occurred in 2013 or 2014 and to our knowledge, no effort is expected in 2015.
From: NTSB
To: State of Nebraska
Date: 9/4/2014
Response: In 2013 or 2014, did Nebraska consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Nevada
Date: 10/17/2022
Response: We note that Nevada has reviewed Utah’s successful adoption of a 0.05 g/dL per se law. We remain disappointed that the Nevada Legislature has not considered legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of Nevada
To: NTSB
Date: 7/20/2022
Response: -From Amy Davey, Administrator, Nevada Office of Traffic Safety: Study of Utah’s adoption of a .05 per se BAC has proven that this is an effective countermeasure. We agree this would be beneficial in Nevada. Please keep this recommendation open.
From: NTSB
To: State of Nevada
Date: 6/21/2022
Response: We are disappointed that Nevada has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your position and to provide the leadership necessary to ensure that the Nevada legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Nevada
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator: No, and not to my knowledge.
From: NTSB
To: State of Nevada
Date: 9/4/2014
Response: In 2013 or 2014, did Nevada consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of New Hampshire
Date: 12/19/2022
Response: We note that the New Hampshire General Court has not considered legislation establishing a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of New Hampshire
To: NTSB
Date: 9/16/2022
Response: From Robert L. Quinn, Commissioner of Safety, New Hampshire Department of Safety: On June 21 , 2022, the National Transportation Safety Board (NTSB) requested from New Hampshire's Governor Christopher Sununu an additional response regarding implementation of several safety recommendations issued by the NTSB. These recommendations were issued in an attempt to reach zero accidents resulting from substance-impaired driving. Several of our original responses to these recommendations were determined to be "Open-Unacceptable". As requested, below you will find our updated responses in those areas which were not deemed acceptable (H-13-5, H-13-6 and H-13 -9). The State of New Hampshire has an existing statute in which the per se blood alcohol limit is 0.08. Any further reduction requires a statutory change. We will continue to work with the New Hampshire legislature as well as educate the public about BAC limits. It is worth noting that Utah is the only state in the nation with a per se limit of 0.05.
From: NTSB
To: State of New Hampshire
Date: 6/21/2022
Response: We are disappointed that your state has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your position and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of New Hampshire
Date: 9/4/2014
Response: In 2013 or 2014, did New Hampshire consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of New Jersey
Date: 6/21/2022
Response: Although the New Jersey Legislature attempted to create a commission in 2018 to examine methods to reduce the incidence of drunk and impaired driving, the legislation did not pass. We urge you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of New Jersey
Date: 9/4/2014
Response: In 2013 or 2014, did New Jersey consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of New Mexico
Date: 6/21/2022
Response: We are disappointed that New Mexico has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of New Mexico
Date: 9/4/2014
Response: Has New Mexico taken any further actions to implement this recommendation?
From: NTSB
To: State of New Mexico
Date: 11/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of New Mexico
To: NTSB
Date: 9/19/2013
Response: -From Robert J. Archuleta, Director, Traffic Safety Division: Currently, New Mexico statutes set a general per se BAC limit of 0.08 in the person's blood or breath {NMSA 1978 § 66-8-102). In order to reduce the BAC level, the legislature would have to pass legislation that reduces the existing BAC limit from 0.08 to the recommended BAC level of 0.05. However, it is unlawful for a person to drive a commercial motor vehicle in this state if the person has a BAC of 0.04, which is lower than the NTSB recommendation. The State of New Mexico also defines "Aggravated DWI" as driving a vehicle with a BAC of 0.16 or higher, causing bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs, or refusing to submit to a chemical test. In addition, Moving Ahead for Progress in the 215t Century (MAP 21) has required that “mid-range" states, such as New Mexico, implement a statewide impaired driving task force which plans, implements, and endorses an 11lmpaired Driving Plan." This plan has been completed and sent to the National Highway Traffic Safety Administration as per MAP 21 guidelines. During the planning process of the group led by the Highway Safety Office, the recommendation from the NTSB will be discussed and taken into consideration with recommendations to the Executive and Legislature based on the data, research, and technology.
From: NTSB
To: State of North Carolina
Date: 6/21/2022
Response: We are disappointed that North Carolina has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of North Carolina
To: NTSB
Date: 12/9/2014
Response: -From Don Nail, Director, GR, Governor’s Highway Safety Program, North Carolina Department of Transportation: Drivers under the age of 21 are restricted to 0.00 BAC, CMV drivers to 0.00 and adhere to lower BAC limits. drivers with a prior conviction to a 0.00 and any driver convicted of DWI to a 0.04. All other drivers the illegal BAC is 0.08. The DWI Task Force is discussing this issue.
From: NTSB
To: State of North Carolina
Date: 9/4/2014
Response: In 2013 or 2014, did North Carolina consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of North Dakota
Date: 6/21/2022
Response: We are disappointed that North Dakota has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of North Dakota
To: NTSB
Date: 4/17/2015
Response: -From Mark Nelson, Governor’s Highway Safety Representative, Deputy Director for Driver and Vehicle Services, North Dakota Department of Transportation: We have reviewed all referenced safety recommendations and there are no changes from the responses previously submitted.
From: NTSB
To: State of North Dakota
Date: 3/6/2015
Response: We are disappointed that your state has not established, and has no plans to establish, a per se 0.05 or lower BAC limit. We urge you to reconsider your position and enact such legislation to reduce the number of crashes, injuries, and fatalities caused by alcohol impaired driving to better protect all North Dakota residents. Pending your taking such action, Safety Recommendation H-13-5 is classified OPEN—UNACCEPTABLE RESPONSE.
From: State of North Dakota
To: NTSB
Date: 10/14/2014
Response: -From Karin Mongeon, Safety Division Director, North Dakota Department of Transportation: No change since last submission.
From: NTSB
To: State of North Dakota
Date: 9/4/2014
Response: Has North Dakota taken any further action to address this recommendation?
From: NTSB
To: State of North Dakota
Date: 9/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of North Dakota
To: NTSB
Date: 7/30/2013
Response: -From Jack Dalrymple, Governor: North Dakota was the last state in the nation to implement the per se BAC of 0.08. Gaining public and political support for a per se BAC 0.05 or lower for all drivers who are not already required to adhere to of 0.05 will be very difficult.
From: NTSB
To: State of Ohio
Date: 9/28/2022
Response: We note that, within the last two legislative cycles, the Ohio General Assembly has not attempted to enact legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending your state passing such legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of Ohio
To: NTSB
Date: 7/5/2022
Response: -From Thomas Stickrath, Director, Ohio Department of Public Safety: This would require passage of legislation by the Ohio General Assembly. To our knowledge, no legislator in this General Assembly has introduced a bill to reduce the BAC to .05 in Ohio.
From: NTSB
To: State of Ohio
Date: 6/21/2022
Response: We are disappointed that Ohio has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Ohio
Date: 9/4/2014
Response: In 2013 or 2014, did Ohio consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Oklahoma
Date: 6/21/2022
Response: We are disappointed that Oklahoma has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Oklahoma
To: NTSB
Date: 11/26/2014
Response: -From Garry Thomas, Director, Oklahoma Highway Safety Office: Oklahoma did consider applicable legislation in 2013 or 2014; however, the legislation did not pass out of committee. OK has no immediate plans to pursue this recommendation.
From: NTSB
To: State of Oklahoma
Date: 9/4/2014
Response: In 2013 or 2014, did Oklahoma consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Oregon
Date: 2/23/2023
Response: As noted in our June 21, 2022, correspondence, Oregon considered, but did not pass, legislation to require a per se BAC limit of 0.05 g/dL for all drivers in 2019 and 2021. We again encourage you to ensure that your state enacts a law requiring a per se BAC limit of 0.05 g/dL or lower for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: State of Oregon
To: NTSB
Date: 8/3/2022
Response: -From Amy Joyce, Governor’s Highway Safety Representative, DMV Administrator: The Oregon State Legislature has considered bills designed to lower the per se BAC limit for all drivers to .05% in 2019 (Senate Bill 7) and 2021 (House Bill 3132), but they were not successful. Oregon’s impaired driving task force, in the form of the Governor’s Advisory Committee on DUII, recognizes the value in reducing the per se limit to .05%, especially in light of results experienced in Utah after enacting this type of legislation. As such, the task force will continue to encourage legislation to achieve a .05% per se limit for all drivers.
From: NTSB
To: State of Oregon
Date: 6/21/2022
Response: We note that Oregon considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers in 2019. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending such action, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: NTSB
To: State of Oregon
Date: 9/4/2014
Response: In 2013 or 2014, did Oregon consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Rhode Island
Date: 6/21/2022
Response: We are disappointed that Rhode Island has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Rhode Island
To: NTSB
Date: 11/6/2014
Response: -From Michael P. Lewis, Director, Rhode Island Department of Transportation: Rhode Island did not consider legislation to lower its BAC limit to .05 or lower in 2013 or 2014. A new Governor will be elected in November, 2014 and a briefing book of transportation issues will be prepared for the Governor's Transition Team.
From: NTSB
To: State of Rhode Island
Date: 9/4/2014
Response: In 2013 or 2014, did Rhode Island consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of South Carolina
Date: 11/22/2022
Response: As noted in our June 21, 2022, correspondence, we remain disappointed that the South Carolina Legislature has not considered legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers in the last two legislative cycles. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of South Carolina
To: NTSB
Date: 8/12/2022
Response: -From Robert G. Woods, IV, Director, South Carolina Department of Public Safety: We understand NTSB's disappointment regarding our state's lack of progress with this recommendation. However, as indicated in previous communication regarding NTSB Recommendation H-13-5, the ability to amend the current law governing BAC levels rests solely with the South Carolina General Assembly. This matter is beyond the authority of the SCDPS.
From: NTSB
To: State of South Carolina
Date: 6/21/2022
Response: We are disappointed that South Carolina has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of South Carolina
To: NTSB
Date: 12/2/2014
Response: -From Leroy Smith, Director, South Carolina Department of Public Safety: Establish a per se blood alcohol concentration (BAC) limit of .05 or lower for all drivers who are not already required to adhere to lower BAC limits. NTSB Response/Questions: The Director of the South Carolina Department of Public Safety responded that the purview to lower the BAC level rests solely with the General Assembly. In 2013 or 2014 did South Carolina consider applicable legislation? Will there be any effort to address this recommendation? Status: In May of 2013 Senate Bill 706 (see Attachment 4) was introduced and referred to the Senate Judiciary Committee. A key element of this legislation would lower the BAC limit in South Carolina from .08 to .05. The relevant section reads: SECTION 4. Section 56-5-2933(A) of the 1976 Code is amended to read: "(A) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eighffive one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of driving with an unlawful alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows: As noted in the letter accompanying these recommendations, the ability to amend the current law governing BAC levels continues to rest solely with the South Carolina General Assembly. The SC Department of Public Safety cannot foresee whether proposed legislation similar to S. 706 will be reintroduced or prevail in the upcoming 2015 session. Please note that there is a section in our Highway Safety Plan that addresses impaired driving. This section includes a thorough review of the statistics, trend line analysis, and goal setting statements, as well as countermeasures and specific projects that the state hopes to implement. Impaired driving has been identified as an Emphasis Area in the state's updated SHSP (a change from the prior edition when Impaired Driving was grouped together in a "High risk Drivers" category). In making Impaired Driving its own Emphasis Area, the state is conveying the message that combating impaired driving is a high priority.
From: NTSB
To: State of South Carolina
Date: 9/4/2014
Response: In 2013 or 2014, did South Carolina consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of South Carolina
Date: 9/30/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8 and -10, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of South Carolina
To: NTSB
Date: 8/30/2013
Response: -From Leroy Smith, Director: Thank you for your letter to Governor Nikki R. Haley dated June 3, 2013 concerning the National Transportation Safety Board’s (NTSB) safety report, adopted on May 14, 2013. As the Director of the South Carolina Department of Public Safety, which includes the Highway Patrol, State Transport Police, and Office of Highway Safety and Justice Programs, the Governor has asked that I respond on her behalf. The report issued five new recommendations to the states and reiterated four earlier recommendations concerning the issue of impaired driving. South Carolina has previously responded to the four recommendations, and I will briefly offer comment on the five new recommendations. However, for a comprehensive description of our state's progress toward improving highway safety and our priorities for the future, I encourage NTSB staff to review our state's FFY 2014 Highway Safety Plan which was recently submitted to the National Highway Traffic Safety Administration's (NHTSA) regional office in Atlanta. This plan offers an exhaustive discussion of the many initiatives this agency and other state agencies are taking in concert to reduce fatal crashes and injuries, including those that are impaired driving-related, on our roadways. The first recommendation cited in your letter, H-13-05, calls for the establishment of a breath alcohol concentration (BAC) of .05 or lower for all drivers not already required to adhere to lower BAC limits. As is likely the case in most other states, this matter is beyond the authority of the South Carolina Department of Public Safety and rests solely within the purview of our General Assembly. Regarding H-13-06, we concur with your view that passive alcohol-sensing technology can be a valuable tool in some circumstances. In fact, our Office of Highway Safety and Justice Programs has funded grants in the past to several local law enforcement agencies which provided for the purchase of passive alcohol-sensing equipment. We will continue to give favorable consideration to well-supported requests from our subgrantees for equipment related to high visibility enforcement of impaired driving laws. Similarly, we will continue to include elements in our highway safety plan which target repeat offenders as recommended by H-13-07 and H-13-10. In fact, we are in the process of drafting an Impaired Driving Plan for submittal to NHTSA by September 1, 2013. The plan will address final recommendations that are forthcoming from a team of national experts who conducted an Impaired Driving Assessment for this state during the week of July 22-26, 2013. Those recommendations will likely include strategies to deal with the issue of repeat offenders. The Impaired Driving Plan will also address ignition interlock policies and will include two (2) Driving Under the Influence Court grant projects that will commence on October 1, 2013. It is expected that both courts will utilize ignition interlock technology with an array of other sanctions in deterring recidivism. The recommendation designated H-13-08 encourages states " ... to move toward zero deaths from impaired driving." I am pleased to advise you that the South Carolina Department of Public Safety, with the support of the Office of the Governor, has adopted the theme of "Target Zero" to represent the entirety of our highway safety efforts. "Target Zero" is now our agency goal and encompasses all of our enforcement, prevention and education initiatives. This goal is not limited to the elimination of impaired driving-related deaths, but all roadway deaths, regardless of cause. Please know we will take the recommendations promulgated by the National Transportation Safety Board under careful consideration as we move forward in the process of updating and deploying our state's Strategic Highway Safety Plan. Thank you for what you and the National Transportation Safety Board do to bring down the number of deaths on our nation's highways.
From: NTSB
To: State of South Dakota
Date: 6/21/2022
Response: We are disappointed that South Dakota has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCETPABLE RESPONSE.
From: NTSB
To: State of South Dakota
Date: 9/4/2014
Response: In 2013 or 2014, did South Dakota consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Tennessee
Date: 6/21/2022
Response: We are disappointed that Tennessee has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Tennessee
Date: 9/4/2014
Response: In 2013 or 2014, did Tennessee consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Texas
Date: 12/19/2022
Response: We note that the Texas Legislature has not considered legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers in the last two legislative cycles. We again urge you to provide the leadership necessary to ensure that your state passes a law lowering the BAC limit. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of Texas
To: NTSB
Date: 8/19/2022
Response: -From Marc D. Williams, P.E., Executive Director, TxDOT: H-13-5 recommends establishing a BAC limit of 0.05 or lower for all drivers. That action would require the Texas Legislature enact changes to the current state law establishing a BAC limit of 0.08. Texas state agencies, under Texas law, may not attempt to influence the passage of legislation.
From: NTSB
To: State of Texas
Date: 6/21/2022
Response: We are disappointed that Texas has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Texas
Date: 9/4/2014
Response: In 2013 or 2014, did Texas consider applicable legislation? Will there be any effort to address this recommendation?
From: State of Utah
To: NTSB
Date: 8/10/2022
Response: -From Spencer J. Cox, Governor of Utah: Utah was the first state to enact a law establishing a per se BAC limit of .05 for all drivers. The law went into effect in December of 2018.
From: NTSB
To: State of Utah
Date: 6/21/2022
Response: We commend Utah’s efforts to enact a law in 2018 establishing a per se BAC limit of 0.05 percent for all drivers. These actions satisfy Safety Recommendation H-13-5, which is classified CLOSED-- ACCEPTABLE ACTION.
From: NTSB
To: State of Utah
Date: 8/10/2018
Response: We are pleased to learn that you enacted legislation establishing a 0.05-percent per se BAC limit. We know that drivers with a BAC of 0.08 percent are more than twice as likely to be involved in a crash compared to sober drivers, and that lower per se limits lead to fewer fatal crashes. More than 100 countries have established per se BAC limits at or below 0.05 percent, and Utah has made history by being first in the United States to do so. We applaud your work to improve traffic safety and to separate drinking from driving in Utah, and we look forward to further updates on your implementation progress as you move toward the law’s December 30, 2018, effective date. Accordingly, Safety Recommendation H-13-5 is classified OPEN-ACCEPTABLE RESPONSE.
From: State of Utah
To: NTSB
Date: 12/16/2014
Response: -From Kristy K. Rigby, Director, Highway Safety Office: The state has taken a wait-and-see stance and is watching what other states do with this recommendation.
From: NTSB
To: State of Utah
Date: 9/4/2014
Response: In 2013 or 2014, did Utah consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Utah
Date: 9/23/2013
Response: The correspondence control #201300974 is a response from Utah, it is not a substantive response and does not require a reply.
From: State of Utah
To: NTSB
Date: 7/11/2013
Response: -From Carlos M. Braceras, P.E., Executive Director, Utah Department of Transportation: Governor Gary Herbert has asked me to review and respond to your recent letter regarding alcohol-impaired driving recommendations provided to the states by the National Transportation Safety Board. The State of Utah has consistently implemented laws and policies that aggressively address driving under the influence (DUI). Utah's success at addressing alcohol-impaired driving is evidenced by our status as the state with the lowest DUI-related fatality rate in the nation. Utah law requires the Utah Commission on Criminal and Juvenile Justice to prepare and provide an annual report to the Utah State legislature of DUI related data. The annual report includes measures for which data are available to evaluate and profile and impacts of DUI recidivism, and to evaluate DUI related processes, including law enforcement, adjudication, sanctions and driver license control. These annual reports provide an opportunity for the state to continually examine the effectiveness of Utah laws and seek adjustments that will better address alcohol-impaired driving offenses. As part of that annual process, the recommendations provided by the National Transportation Safety Board will be taken under consideration. The State of Utah and the Utah Department of Transportation are committed to continue to effectively address alcohol-impaired driving .
From: NTSB
To: State of Vermont
Date: 6/21/2022
Response: We note that Vermont considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers in 2021. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: State of Vermont
To: NTSB
Date: 12/22/2014
Response: -From Ted Minall, Law Enforcement Liaison, Contractor, NHTSA, Region 1, Vermont Office: To implement this a legislative change would have to take place. During the 2014 Legislative Session there was discussion of a bill being introduced, however, it never occurred.
From: NTSB
To: State of Vermont
Date: 9/4/2014
Response: In 2013 or 2014, did Vermont consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Washington
Date: 2/23/2023
Response: We note that Washington previously considered, but did not pass, legislation requiring a per se BAC limit of 0.05 g/dL or lower for all drivers. We further note that another attempt to pass such legislation was introduced during the current legislative session. We were pleased that representatives from the Office of the Governor, the Washington State Traffic Commission, and the Washington State Patrol, among others, joined a representative from the National Transportation Safety Board to testify in support of this legislation at a recent hearing held by the Washington Senate’s Law and Justice Committee. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: State of Washington
To: NTSB
Date: 9/6/2022
Response: -From Shelly Trucksess Baldwin, Director, Washington Traffic Safety Commission: Legislation was introduced to lower the "per se" blood and breath alcohol BAC threshold for impaired driving offenses, and related offenses and sanctions, from 0.08 BAC to 0.05 BAC over multiple legislative sessions including the 2017-18 session and the 2021-22 session. We anticipate this legislation again in the 2023-24 session.
From: NTSB
To: State of Washington
Date: 6/21/2022
Response: We note that in 2017 Washington considered, but failed to pass, legislation to require a per se BAC limit of 0.05 percent or lower for all drivers. We encourage you to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- ACCEPTABLE ALTERNATE RESPONSE.
From: State of Washington
To: NTSB
Date: 12/4/2014
Response: -From Director Darrin T. Grondel, Washington Traffic Safety Commission: Lowering the BAC limit has been discussed with legislators and presented as an option recommended by NTSB at legislative transportation committee hearings. No legislation has been introduced yet.
From: NTSB
To: State of Washington
Date: 9/4/2014
Response: In 2013 or 2014, did Washington consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of West Virginia
Date: 2/23/2023
Response: We note that the West Virginia State Legislature has not considered legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers in the last two legislative cycles. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of West Virginia
To: NTSB
Date: 9/26/2022
Response: -From Mr. Everett Frazier, Commissioner, West Virginia Department of Motor Vehicles: Thank you for your June 21, 2022 letter regarding Safety Recommendations for the State of West Virginia. In the following text we will discuss how they are being implemented. In addition to the information provided below, also please find attached: Attachment 1- West Virginia Highway Safety Plan Fiscal Year 2023; Attachment 2 - West Virginia Strategic Highway Safety Plan 2022-2026. The per se blood alcohol concentration (BAC) limit is 0.08 in West Virginia.
From: NTSB
To: State of West Virginia
Date: 6/21/2022
Response: We are disappointed that West Virginia has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of West Virginia
To: NTSB
Date: 11/21/2014
Response: -From Steven O. Dale, Governor’s Representative for Highway Safety, West Virginia Department of Transportation, Division of Motor Vehicles: There appears still to be little interest "will" in the WV Legislature to lower the BAC limit to .05. The WV DMV does take action to revoke at .05 if evidence of impairment is present; will move to revoke at the administrative level.
From: NTSB
To: State of West Virginia
Date: 9/4/2014
Response: Will West Virginia reconsider its position on this recommendation and consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of West Virginia
Date: 11/4/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -8 and -10, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review. Thank you for your efforts to promote traffic safety.
From: State of West Virginia
To: NTSB
Date: 9/10/2013
Response: -From Paul A. Mattox, Jr., P.E., Secretary of Transportation/ Commissioner of Highways: West Virginia was one of the last states to enact legislation for 0.08 BAC in 2004. As such, the state has limited evaluation of the historical data on the effect of lowering the BAC from 0.10 to 0.08. An additional reduction of the BAC to 0.05 so soon after the reduction to 0.08 would be unpopular with both the legislature and populace at this time. We agree that enough data exists that a thorough evaluation process is needed. We have identified the resources to develop appropriate analyses and assessments of the law reducing BAC to 0.08 and its impact.
From: NTSB
To: State of Wisconsin
Date: 10/31/2022
Response: We remain disappointed that, in the last two legislative cycles, the Wisconsin Legislature has not considered legislation to establish a per se BAC limit of 0.05 g/dL or lower for all drivers. We again urge you to provide the leadership necessary to ensure that your state passes a law lowering the BAC limit. Pending passage of the recommended legislation, Safety Recommendation H-13-5 remains classified OPEN--UNACCEPTABLE RESPONSE.
From: State of Wisconsin
To: NTSB
Date: 7/22/2022
Response: -From David S. Pabst, Director, Bureau of Transportation Safety, Wisconsin Department of Transportation: Thank you for sharing the Safety Recommendations H-12-34 through -36, H-12-45, H-13-5 through -9 with Governor Tony Evers regarding impaired driving policies and legislation in Wisconsin. The Wisconsin Department of Transportation (WisDOT) remains committed to making drivers aware of the dangers of impaired driving. As a part of the Zero in Wisconsin objective, Wisconsin State Patrol routinely participates in National Highway Traffic Safety Administration high visibility enforcement efforts such as Drive Sober or Get Pulled Over. WisDOT also grants federal funding to local law enforcement agencies for impaired driving taskforces which are accompanied by media campaigns. The media campaigns encourage sober driving and taking advantage of alternative means of transportation to get home safely. The following comments are responses to each open recommendation as noted in your letter. While the Wisconsin State Legislature has not yet considered legislation to establish a per se BAC limit of 0.05 or lower for all drivers not otherwise required to have lower BAC limits, WisDOT will take the opportunity when presented to share information regarding the benefits of a lower BAC limit with lawmakers. Wisconsin recognizes the crash and fatal crash reduction that the state of Utah has achieved by making this change. WisDOT remains committed to educating drivers of the dangers of driving under the influence of any amount of alcohol.
From: NTSB
To: State of Wisconsin
Date: 6/21/2022
Response: We are disappointed that Wisconsin has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: State of Wisconsin
To: NTSB
Date: 12/3/2014
Response: -From Mark Gottlieb, P.E., Secretary, Department of Transportation: In 2013 or 2014, Wisconsin did not consider applicable legislation to establish a BAC limit of .05 or lower for drivers not already required to adhere to lower BAC limits. It is uncertain if the legislature will consider this recommendation in the future.
From: NTSB
To: State of Wisconsin
Date: 9/4/2014
Response: In 2013 or 2014, did Wisconsin consider applicable legislation? Will there be any effort to address this recommendation?
From: NTSB
To: State of Wyoming
Date: 6/21/2022
Response: We are disappointed that Wyoming has not considered legislation to establish a per se BAC limit of 0.05 percent or lower for all drivers. We urge you to reconsider your approach and to provide the leadership necessary to ensure that the legislature passes a law requiring a per se BAC limit of 0.05 percent for all drivers. Pending passage of the recommended legislation, Safety Recommendation H-13-5 is classified OPEN-- UNACCEPTABLE RESPONSE.
From: NTSB
To: State of Wyoming
Date: 9/4/2014
Response: In 2013 or 2014, did Wyoming consider applicable legislation? Will there be any effort to fully address this recommendation?
From: NTSB
To: State of Wyoming
Date: 8/13/2013
Response: We will include your update in a comprehensive review of all open safety recommendations that have been issued to your state and will advise you of the classifications of Safety Recommendations H-13-5 through -7 and -9, and H-12-34 through -36 and -45, as well as any other open recommendations, at the conclusion of our review.
From: State of Wyoming
To: NTSB
Date: 7/8/2013
Response: -From Dalene Call, Supervisor, Highway Safety Behavioral Program, Wyoming Department of Transportation: This letter is in reply to your letter addressed to the Honorable Matthew H. Mead, Governor of Wyoming dated June 3, 2013. This letter was received by our agency on June 26, 2013 from Governor Mead's Office with a request that we respond directly to you and copy the Governor's Office on our reply. Your inquiry requested a response within 90 days detailing action taken or intended to implement recommendations contained in your "Safety Recommendation" letter. The State of Wyoming is actively working to reduce the number of impaired driving fatalities on our highways. Governor Mead has created a "Council on Impaired Driving", and given them instructions that, "nothing is off the table", in reference to our states approach to DUI. We appreciate your recommendations and will take them to our Governor's Council on Impaired Driving for further discussion. The focus of your inquiry concerns the problem of impaired driving and measuring the effectiveness of countermeasures. Your five (5) recommendations to the State of Wyoming and our responses are as follows. H-13-005: in Wyoming, any driver with a blood-alcohol absorptionor BAC- above .08 percent is deemed "per se intoxicated" under the law. Any change to this statue will require action by the State Legislature.