HI SB754

Lowers the blood alcohol concentration (BAC) threshold for operating a vehicle under the influence from 0.08 to 0.05 grams per 100 milliliters of blood or per 210 liters of breath.

Lowers the "measurable amount of alcohol" threshold from 0.08 to 0.05 for purposes of DUI prosecution and administrative proceedings.

Establishes a new presumption structure: BAC of 0.02 or less creates presumption of not being under the influence; BAC between 0.02 and 0.05 may be considered as evidence but creates no presumption.

Applies the new 0.05 threshold to operating a vehicle under the influence offense (Section 291E-61) and habitually operating a vehicle under the influence offense (Section 291E-61.5).

Effective date: July 1, 2021; does not affect rights, duties, or proceedings begun before the effective date.