AN ACT TO CHANGE TENNESSEE’S LEGAL BAC LIMIT FROM .08% to .05%

RHB/5/17

Sponsored by Cheyenne Frye, Diya Brahmbhatt of Chattanooga School for the Arts and Sciences

This legislation was filed in the Correction category

Presented as part of the YIG Volunteer 2024 conference

1 BE IT ENACTED BY THE TENNESSEE YMCA YOUTH LEGISLATURE
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3 Section 1: Terms in this act, unless the context requires otherwise, shall be defined as follows:
4 Term A: BAC- Blood alcohol concentration or the percentage of alcohol in a person's bloodstream.
5 Term B: Legal limit- The percentage of alcohol in a person's bloodstream that exceeds the limit at
6 which he or she is considered safe to drive and can result in a DUI.
7 Term C: DUI- Driving under the influence of drugs or alcohol at a level that renders the driver
8 incapable of operating a motor vehicle safely.
9 Term D: Class A Misdemeanor- The most serious class of misdemeanor offenses.
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11 Section 2: This act will change Tennessee’s legal BAC level from .08% to .05%. This will reduce
12 the amount of collisions and fatalities due to drinking and driving by 5-15%, as studies have
13 shown impacts to drivers’ tracking, cognitive function, reaction time, and perception at BAC rates
14 much lower than .08%. Currently, Tennessee’s illegal BAC level is .08% ; this act will make it
15 illegal to drive with a BAC of .05% or higher.
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17 Section 3: If motorists are found to be driving with a BAC of .05% or higher, they will now be
18 charged with a DUI, which was previously enforced at .08% BAC in the state of Tennessee. In
19 Tennessee, a DUI is a Class A misdemeanor. The penalty for operating a vehicle with a BAC of
20 .05% or higher will be the same as the current penalty for diving with a BAC of . 08%. Those
21 convicted of a first DUI will face a fine of up to $1,500, a time not exceeding 11 months and 29
22 days in jail, and a driver’s license suspension of up to one year to be determined by the court.
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24 Section 4: This will not require funding from the state and should generate revenue from
25 additional fines.
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27 Section 5: All laws or parts of laws in conflict with this act are hereby repealed.
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29 Section 6: This act will go into effect January 1, 2025.
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