WA lawmakers want to lower the drunk driving limit. How many drinks is 0.05?

Washington lawmakers are mulling giving the green light to a proposal that would lower the state’s drunk-driving threshold from 0.08% blood alcohol concentration to 0.05% BAC.

Senate Bill 5067 by Sen. John Lovick, a Mill Creek Democrat, received a public hearing Thursday in the House Community Safety Committee. The Senate passed the bill off the floor late last month on a 26-23 vote, with only Democrats and two Republicans, including co-sponsor Sen. Jim McCune of Graham, voting in support.

One other state, Utah, has a 0.05% BAC limit, which it adopted in 2018.

Committee Chair Rep. Roger Goodman of Kirkland introduced the bill by noting that it’s still unclear whether the committee will come to a consensus on it.

Lovick, who is a former state trooper and Snohomish County sheriff, has worked on the legislation for years and said the measure is about changing the culture of driving.

“Personally, I do not consume alcohol, but I don’t care how much a person drinks: They do not have to drive,” he told the committee. “We are putting so many people at risk by our driving behavior.”

The legislation was requested by the Washington Traffic Safety Commission (WTSC), with advocates arguing that it’s needed to prevent drunk-driving deaths. Opponents counter that although they also want safer roads, the proposal could impede business for wineries, bars and the hospitality industry.

In addition to driving, the BAC limit would lower to 0.05% for operating a watercraft, with the bill taking effect July 1. WTSC would be required to deliver a public information campaign about the change, and the bill calls for an evaluation of its implications by March 2029 from the Washington State Institute for Public Policy.

Sen. Curtis King, a Yakima Republican, said during floor debate last month that he didn’t think lowering the legal limit would alter the outcome of deaths on the roads. King, the ranking member on the Senate Transportation Committee, said the state should be conducting more DUI patrols.

“It goes along with the speeding and everything else because people know we don’t have nearly the number of state patrolmen that we should have on our highways,” he said. “That would solve this problem in my humble opinion.”

WTSC points out that 2023 marked the deadliest year since 1990 in terms of traffic crashes, with 809 fatalities. Drunk or otherwise drug-impaired drivers were involved in 409, or more than half, of those deaths, according to the commission.

Proponents also note that 0.05% BAC or lower is the standard in scores of countries, including Australia and across much of Western Europe.

Andrea Reay, speaking on behalf of the Washington Hospitality Association, testified Thursday in opposition to the bill. She said that while the association wants traffic safety to improve, its concern is that the proposal expands liability in ways that wouldn’t support that goal.

Her organization recently wrote on Facebook that the bill would create significant challenges for hospitality establishments and “unfairly place legal risk” on servers.

“True deterrence comes from strong accountability for impaired drivers, consistent enforcement, prevention education, and investments that directly support victims and their families,” Reay said Thursday.

Kent resident Shellie Coury told the committee that she sent her final text to Gabriel, her 12-year-old son, in July 2023. Minutes later, while walking home from a park, he was killed by an intoxicated driver, she said.

“A lower limit encourages consumers to think twice, which in turn prevents over-service and protects staff and businesses from liabilities,” Coury said. “Had this standard existed sooner, Gabriel might still be here.”

As for how much one would have to drink to reach the proposed 0.05% limit, WTSC says it depends on factors including food intake, weight and metabolism. That said, the commission referenced studies showing an average male with an empty stomach would stay below the new threshold after consuming three drinks in two hours. That would be true for an average woman under the same circumstances who’d had two drinks, per WTSC.

SB 5067 has the support of the lower chamber’s leading lawmaker.

House Speaker Laurie Jinkins, a Tacoma Democrat, told reporters Wednesday that she backs the bill, but added that “we just have to see where the caucus is at.” She noted the prime sponsor of the House version, Democratic Rep. Brandy Donaghy of Mill Creek, is a vice chair on the House Transportation Committee.

SB 5067 is scheduled for an executive session in the House Community Safety Committee on Tuesday at 4 p.m.

March 12 is the last day of the 2026 legislative session.