Maximum Legal BAC of .02 Proposed for Massachusetts

Massachusetts would lower its maximum legal BAC for driving from the current .08 down to .02 if state senator James Fagan's proposed legislation becomes law. The act would essentially prohibit the consumption of any alcoholic beverage before driving.

Rep. Fagan says that we're running out of punitive measures against drunken driving because we obviously can't "publicly Taser them" or "cauterize their tonsils so they can't drink." He acknowledges that his bill wouldn't be a foolproof deterrent but argues that it would be an improvement.

The tragic death of Ron Bersani's granddaughter by a drunken driver inspired Melanie's Law, which dramatically increased the penalties for driving under the influence (DUI). Mr. Bersani is a well-known advocate of strong laws against drunken driving. However, he thinks that lowering the maximum legal BAC down to .02 would be "foolish," saying that you couldn't even go to a wedding and have a toast.

Rep. Fagan defends his proposed legislation by asserting that currently the public is in jeopardy because of impaired driving.


  • Sweet, Laurel J. and Underwood, Mike. Bill on tap to dry up ALL drinking, driving. Boston Herald, March 17, 2008.

Filed Under: Drinking and Driving