SPOKANE, Wash. — Washington lawmakers want to lower the legal blood alcohol limit for drivers from 0.08% to 0.05% as drunk driving becomes increasingly common across the state.
Senate Bill 5067 aims to crack down on drunk driving and make streets safer. The change would make Washington only the second state with this low limit.
From 2020 to 2024, 156 people died in car crashes involving drivers with blood alcohol content lower than 0.08%. Lawmakers say those people may still be alive today if this law was in place.
Drunk driving arrests are surging statewide. In Spokane County, Washington State Patrol arrested 946 people for DUIs in 2025. That’s 300 more than in 2021.
“It used to be maybe we do 1 or 2 intakes for DUIs every week. Now we can range anywhere from 3 to 10,” said Jason Chenett, a criminal defense attorney.
The problem extends beyond Spokane County.
“Overall impairment is number one, and both speeding and alcohol impairment specifically are basically tied for number two as the greatest risk factor involved in fatal crashes in Washington,” said Mark McKechnie with the Washington Traffic Safety Commission.
Lawmakers hope lowering the limit will make more people think twice before getting behind the wheel. The National Highway Traffic Safety Association says a blood alcohol content of 0.05% can impact coordination, the ability to steer, and respond to emergency situations.
But some question how effective the change will be.
“The deterrent factor may not be as impactful as our state legislature believes,” Chenett said. “Because the deterrence is for somebody that would be in between that .05 to .08 range and having them make the decision of whether they’re going to have another glass of wine with dinner. Often DUIs result, in BAC levels, mostly above 0.12 and above.”
Data from the Washington State Patrol shows that in 2025, 1,299 people who were given breath tests, had a blood alcohol content between .05 and .079. 13,903 people had a blood alcohol content of above .08.
Chenett says most DUI defendants use public defenders. Washington has a shortage of public defenders. Lowering the limit could mean more arrests and added pressure on courts.
If passed, the state would also have to create a campaign before this goes into effect that educates drivers about the risk of driving above a 0.05% limit.
Drivers can already be arrested for driving impaired even if their breathalyzer reading is below the legal limit.
The bill passed in the state Senate yesterday and now heads to the House. If approved, it would go into effect July 1. Washington would join Utah as the only other state with a 0.05% limit.
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