Substitute Senate Bill No. 1082, File No. 250, proposes to lower the legal blood alcohol content (BAC) limit for impaired driving and boating from 0.08% to 0.05%. This change would affect the operation of motor vehicles, including snowmobiles and all-terrain vehicles, as well as vessels such as boats, while maintaining the current lower BAC limits for commercial vehicle operators at 0.04% and for individuals under 21 years of age at 0.02%. The bill also updates definitions related to impaired driving enforcement and clarifies the definition of "operate" in the context of boating. The changes are scheduled to become effective on January 2, 2024.

The bill outlines the fiscal impact, which includes potential costs for probation due to additional arrests, potential revenue gains from fines, and potential increased costs and revenues for the Department of Mental Health and Addiction Services (DMHAS) related to impaired driver intervention programs. It also details the administrative license suspension process for drivers and boaters who refuse to submit to BAC testing or are found to have an elevated BAC. The bill requires police officers to inform drivers of their rights and the consequences of refusing the test or having an elevated BAC, and it allows evidence of refusal to be used in criminal prosecution.

Statutes affected:
Raised Bill:
TRA Joint Favorable Substitute:
File No. 250: