Impact of proposed BAC changes on DUI charges in New York

May 30, 2013

The National Transportation Safety Board (NTSB) recently issued a report aimed at lowering the number of drunk driving accidents across the United States. One controversial change the report calls for: lower the legal blood alcohol limit for drivers from 0.08 to 0.05.

Why the push to lower the limit? The NTSB states that impaired driving is a national epidemic, and with almost 10,000 people killed in alcohol related crashes and close to 175,000 more injured every year, the concern is understandable.

Critics argue that although the number of deaths and injuries connected to impaired driving is too high, the proposed reduction would only "criminalize perfectly responsible behavior," according to Sarah Longwell, director of the American Beverage Institute in a recent interview with the New York Times. The director went on to clarify that if implemented, the proposal could mean those who consume a single glass of wine with dinner may receive driving while intoxicated (DWI) or driving under the influence (DUI) charges.

Details of proposed interventions

In May of 2013, the NTSB released a list of 19 recommendations, each intended to help the nation reduce the number of alcohol related crashes. The most controversial recommendation involves lowering the BAC limit from 0.08 to 0.05.

The change is projected to result in a significant decrease in crashes, injuries and fatalities associated with drunk driving, but these expectations are being questioned by experts throughout the legal community. In fact, even the NTSB admits that this change may seem counterintuitive, since "the majority of alcohol-impaired drivers in fatal crashes have BAC levels well over 0.08."

Impact on DUI charges in New York

DUI enforcement in New York is already more effective than ever before. New York State's STOP-DWI law has resulted in more efficient enforcement of drunk driving laws. This law takes monetary penalties associated with DUI charges and returns them to the counties where the violation occurred. As a result, counties have been able to afford increased enforcement officer presence and provide these officers with better equipment.

Penalties for DWI offenses in New York are harsh and include:
- Monetary fine ranging from $1,000 to $2,500
- Up to one year imprisonment
- Minimum one year license revocation

These penalties apply for a first time DUI offense. Penalties are increased in various situations, including if a previous DWI is already on record.

It is important to take drunk driving charges seriously. If you receive a drunk driving charge, contact an experienced New York DWI lawyer to discuss your options.

Article provided by Katz Law Offices
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