Washington took a major stride Jan. 28 toward slashing the state’s legal limit for driving drunk.

A divided state Senate voted 26-23 to approve legislation to reduce the maximum allowable blood alcohol concentration for drivers from 0.08% to 0.05%. 

If it makes it through the House and into law, Washington would join Utah with the toughest standard in the nation on July 1. Utah moved to a 0.05% blood alcohol concentration limit in 2018. 

The passage of Senate Bill 5067 on Jan. 28 culminates several years of effort by Sen. John Lovick, D-Mill Creek, a longtime Washington State Patrol trooper before serving as Snohomish County sheriff.

“This bill is about community safety. It is about changing the culture of driving in our state,” Lovick said. Drunk driving is a choice, he said, and drivers with a blood alcohol concentration of 0.05%, 0.06% or 0.07% are “not good for the community.”

Republican Sens. Jeff Wilson of Longview and Jim McCune of Graham joined 24 Democrats to pass the bill. Democratic Sens. Mike Chapman of Port Angeles, Yasmin Trudeau of Tacoma, Steve Conway of Tacoma, Adrian Cortes of Battle Ground, Claudia Kauffman of Kent and Deb Krishnadasan of Gig Harbor joined 17 Republicans, including Matt Boehnke of Kennewick and Nikki Torres of Pasco, in opposition.

Sen. Marko Liias, D-Edmonds, chair of the Senate Transportation Committee, said there is “clear evidence and clear data” that it will result in fewer deadly crashes involving impaired drivers.

“If we had enacted this policy a couple years ago, we would have 100 more Washingtonians walking on the streets with us because we could have saved their lives,” he said.

Opponents doubt a lower limit will change the culture around drinking and driving or make a difference on Washington’s roads safer as promised.

“I truly believe that it is not going to do what we think it’s going to do,” said Sen. Curtis King, R-Yakima, the lead Republican on the Senate Transportation Committee. He said hiring more state troopers and conducting more special DUI patrols would do more to curtail impaired driving.

Bar and restaurant concerns

Typically, a person would not reach the lower standard with a couple of beers after work or a glass of wine, or two, with dinner, state health officials have said. 

It takes at least four drinks for the average 170-pound man to exceed 0.05% in two hours on an empty stomach, three drinks for a 137-pound woman, Tao Kwan-Gett, chief science officer for the Washington Department of Health, told a House panel in a 2024 hearing.

Still, foes of the bill cited concerns with enforcing it and worries it will drive away customers of bars, wineries and other hospitality businesses.

“In a state that is already not fertile ground for new businesses, this is going to be a business killer,” said Sen. Keith Wagoner, R-Sedro-Woolley.  A former mayor of the city, he said hospitality businesses drive the economy and foster culture in rural areas. 

“We’ll kill that as sure as someone who drinks 10 drinks and goes on the highway and kills somebody,” he said.

Liias insisted that businesses dependent on income from alcohol sales will not be harmed.

“This policy serves as a deterrent. It convinces Washingtonians not to stop enjoying the best wine in the world or the most amazing microbrews. It convinces them not to drive in their car after they’ve done that,” he said.

Sharp rise in traffic deaths

In 2021, Washington recorded 674 traffic fatalities, of which 345 occurred in crashes involving an alcohol-impaired driver, according to data compiled by the Washington Traffic Safety Commission. In 2023, the death toll rose to 809, with 409 linked to an impaired driver.

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

AAA Washington, an ardent proponent of the change, said a lower limit could result in fewer lives lost each year.

After the switch, Utah experienced a 20% drop in fatal crashes, but that figure crept back up during the COVID-19 pandemic, in line with national trends. Tourism and alcohol sales did not decrease, according to the commission.

Senate Bill 5067 directs the Washington Traffic Safety Commission to carry out a statewide public education campaign on the change. It must include ads on television, radio, and online, and in the largest newspapers in each county. The campaign must be conducted in the nine “most significant” non-English languages spoken in the state.

At least 10% of the ads must be developed in concert with Washington hospitality businesses and address safe alternatives to driving after drinking.

Another provision requires the Washington State Institute for Public Policy to track and report on what happens in the first two years of the law, including the number of serious and fatal traffic crashes, driving under the influence arrests, and adjudications for driving under the influence.

The institute also must consider the law’s effect on breweries, wineries, distilleries, and other hospitality businesses, as well as its impact on overburdened communities. The report is due March 1, 2029.

Senate Bill 5067 now goes to the House for consideration. 

Similar legislation, sponsored by Rep. Brandy Donaghy, D-Snohomish County, is awaiting action in the House Transportation Committee.

This story is republished from the Washington State Standard, a nonprofit, nonpartisan news outlet that provides original reporting, analysis and commentary on Washington state government and politics.