This article examines the appropriateness of reducing Vermont’s DUI Per Se limit from .08 to
.05 based upon current practices, policies, and laws. This article will address the issue of driving
under the influence of alcohol only and does not address the issue of driving under the influence
of a drug other than alcohol, or driving under the combined influence of drugs and alcohol.
Specifically, the research for this article addresses the issue of reducing the current per se limit
from .08 BAC to .05 BAC as recommended by the National Traffic Safety Board. The research
defines the current procedures for detecting, apprehending, and prosecuting the alcohol-impaired
driver. This article then takes the research a step further and determines if current practices and
procedures can be extrapolated from the .08 BAC to the .05 BAC. The current techniques
utilized in the detection, enforcement, and prosecution of DUI offenders’ presents several
challenges at the .05 BAC level