Under NTSB's recommendation, any driver caught with a blood alcohol level above .05% would be charged with driving while intoxicated. A person weighing less than 120 pounds could consume one ounce of scotch or one bear in an hour and drive. Two drinks, however, would put them above the legal limit and hence suseptable to a DWI charge.
"There were almost 1,000 fatalities in the U.S. in 2011 involving drivers who had a BAC between .05 and .07," said NTSB Chairwoman Deborah Hersman.
The NTSB's press release states that "Each year in the United States, nearly 10,000 people are killed in crashes involving alcohol-impaired drivers and more than 173,000 are injured, with 27,000 suffer incapacitating injuries. Since the mid-1990s, even as total highway fatalities have fallen, the proportion of deaths from accidents involving an alcohol-impaired driver has remained constant at around 30 percent. In the last 30 years, nearly 440,000 people have died in alcohol related crashes."