March 11, 2019
Wrongful Death Lawyer
Utah now has the lowest legal blood alcohol limit in the United States, with passage of a law that lowered the legal limit of Blood Alcohol Content (BAC) from .08 to .05. Should serious injuries or a fatality occur as a result of a drunk driver, a wrongful death lawyer Gilbert, AZ offers may be able to help the victim’s family.
The National Transportation Safety Board has recommended a 0.05 BAC since 2013, Utah is the first state to adopt this standard. While this controversial law puts Utah at the lowest legal BAC level in the United States, Utah actually has company worldwide. A .05% BAC legal limit is found in most Western European countries.
Lowering the limit has placed opponents in the tourism and hospitality industry against the backers in the health and transportation fields. Proponents state that it will save lives by deterring people from drinking and driving.
Many businesses are concerned about how this will affect them. There was an ad campaign that warned tourists visiting Utah stating “Come for vacation, leave on probation.” Restaurants and hotels are worried that the lower limit will scare people away, they worry that conventions will stop booking in Utah.
The National Highway Traffic Safety Administration states an average 160-pound man would be considered legally drunk under the new law after drinking just two drinks in one hour. The American Beverage Institute says that a 120-pound woman can reach .05 with little more than one drink. The group argues that at that level, a driver is less impaired than a driver talking hands-free on a cell phone.
The American Beverage Institute states that this law targets moderate, responsible, social drinkers and it doesn’t target the high BAC “hardcore drunk drivers” who cause the majority of alcohol-related fatalities.
In Arizona, the legal limit for drunk driving is .08% blood alcohol content (BAC). In the event of serious injuries or death caused by a drunk driver a wrongful death lawyer Gilbert, AZ trusts can advise a victim’s family concerning legal rights and remedies.
In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse or children, or parents of the decedent. The amount of damages that a surviving spouse, parent or child may recover will vary from case to case.
Under A.R.S. § 12-613 wrongful death damages that are considered include the following:
- The loss of love, affection, and companionship since the death of the decedent and in the future.
- Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
- Lost income as a result of the death.
A wrongful death lawyer Phoenix, AZ trusts should be consulted following injuries or a fatality caused by a negligent or drunk driver, a free consultation should be provided, there should be no fees unless a settlement is obtained.
Thanks to the Law Office of Paul Englander, PLC for their insight into personal injury claims and DUI accidents.