HB 1084 Summary

• Lowers the blood alcohol content (BAC) threshold for operating a vehicle under the influence from .08 to .05 grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

• Reduces the "measurable amount of alcohol" threshold from .08 to .05 grams, establishing this as the level at which alcohol impairment is legally presumed in DUI prosecutions.

• Changes the presumption threshold for determining impairment: BAC of .02 or less creates presumption of non-impairment, while .02 to .05 may be considered with other evidence but does not create presumption.

• Applies the new .05 threshold across all related statutes including operating under the influence (section 291E-61), habitual offender violations (section 291E-61.5), and administrative license revocation procedures (sections 291E-35 and 291E-36).

• Takes effect upon approval with no retroactive application to rights, duties, penalties, or proceedings that existed before the effective date.