LOWER BAC LIMIT WON'T BURDEN POLICE

City police don't expect a tougher blood-alcohol limit in Missouri to lead to more drunken-driving cases, although it would take less alcohol for a driver to violate the law.

Current law sets the BAC limit at 0.10 percent. A bill passed by the General Assembly would lower the limit to 0.08 percent on Sept. 29 pending approval by Gov. Bob Holden, who plans to sign the measure into law.

Neither does Cape Girardeau County Prosecuting Attorney Morley Swingle expect an increase in drunken-driving cases. He predicted public awareness of the tougher standard would lead to increased use of designated drivers or make people slow down consumption when they plan to drive.

According to the National Highway Traffic Safety Administration, a 170-pound man generally reaches 0.08 percent after four drinks -- one fewer than It would take the same man to reach 0.10 percent.

Lt. Carl Kinnison of the Cape Girardeau Police Department said officers don't expect to make more drunken-driving arrests once 0.08 percent becomes law.

An officer usually stops a driver to check for impairment only when he notices a vehicle weaving or otherwise moving erratically, Kinnison said. The officer then conducts a roadside sobriety test on the driver and looks for other signs of intoxication such as slurred speech. If the officer determines the driver is drunk, the driver is taken to the police station and administered a Breathalyzer test. Instances where a driver registers above 0.08 percent but below 0.10 percent are rare, Kinnison said. Usually when a driver is taken into custody, he registers 0.10 percent or higher, Kinnison said.

"We are not really preparing for any substantial increase in the workload," he said.

Where the new law could make a difference is when police conduct sobriety checkpoints and smell alcohol on a driver's breath, Kinnison said. Such checkpoints are conducted only a few times a year.

Under current law, a driver can be arrested and charged for having a 0.08 percent BAC. However, prosecutors must have additional evidence to prove to a jury the person was intoxicated. Charges in such cases are rare but not unheard of.

Under the new law, a person registering 0.08 percent or above would be presumed guilty and intoxication need not be proved.