Even though we all know it’s wrong, drunk driving continues to be a problem across the nation. There are two competing thoughts though as to why drunk driving continues to be an issue. Those who are against drinking and driving say that it’s the law’s fault because it doesn’t give harsher punishments to repeated offenders. Criminal defenders, though they may agree that it’s the law’s fault, believe instead that the law is too harsh and does not offer treatment programs that could offer redemption instead of continued incarceration.

Where ever you stand on the issue, what seems clear is that something needs to be done. A fine line must be walked though between what is best for public safety and protecting the rights of those accused of breaking the law. Some people believe they have the solution: lower the legal limit to .05. But does this really walk that fine line? Let's take a look.

In an article we wrote on buzzed driving, we explained that even slight intoxication in some individuals can leave them impaired, perhaps even resulting in arrests or accidents. As we pointed out, some people across the nation want to decrease the legal limit in order to reduce the number of accidents. But as we pointed out, this can create problems for casual drinkers — where even a glass of wine with dinner might lead to a criminal charge.

This isn’t the only foreseeable issue though that could be created by a reduction in the legal limit. As our readers have seen from other cases, breath tests aren’t always 100 percent accurate. False readings have been known to occur and calibration of breath-test devices continue to be a problem across the nation. By lowering the legal limit, law enforcement agencies are increasing the likelihood of accidentally arresting someone for impairment when in fact they may not be at all.

Being able to protect a person against potentially damaging drunk-driving charges is important to us in here at Harper Evans Hilbrenner & Netemeyer. Be believe that with the help of a lawyer, a person has the ability to present the right defense, allowing them to get the fairest trial possible from our justice system, no matter how the law changes.