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NEWS: National Transportation Safety Board (NTSB) asking Congress to lower
federal drunk driving limit from 0.08% to 0.05% BAC nationally!
It's not that shocking from a news perspective. The NTSB and the National Highway Traffic and Safety Admininstration (NHTSA) have been working to lower the legal limit for drunk driving for decades. Back in the 1970's it was 0.15....then it was lowered to 0.10...then finally to 0.08% where we stand now.
Even if Congress acted, the states would have to individually approve the change--but the federal government usually leverages that change with funding incentives tied to making the change.
Here are a few articles about the proposed change:
What would this mean for New York drunk driving laws?
There would be a few HUGE changes.
1. More people would get a permanent criminal conviction.
New York does not have any criminal expungement statutes. If you are convicted of a misdemeanor or felony, then you will have a life-long criminal conviction that will affect you negatively forever. That's a pretty big deal.
Why?
Right now, if you are pulled over and your breath test reads 0.05% BAC, you are presumably NOT IMPAIRED by alcohol. You could get a charge of Driving While Ability Impaired by Alcohol --but it could be successfully fought and defended in most cases. Even if convicted, you would only be guilty of a traffic infraction.
If the law changed to 0.05% legal limit, then the cops would be charging people with MISDEMEANOR level DWI. Not a simple traffic infraction.
2. More people would get in serious trouble when using the Ignition Interlock Device.
Currently, if you are sentenced to an Ignition Interlock Device on your car, the level where you could be violated for having alcohol is 0.05%. That is the threshold level for when you get into trouble.
However, if the legal limit were 0.05%, then I imagine the IID threshold would also be lowered to like 0.03% or 0.02%. If that happened, then more and more false positive IID violations would be prosecuted and people could be punished by Judges for possible technical glitches on these already touchy machines.
3. Aggravated DWI thresholds would be lowered from 0.18% to what?
It stands to reason that if one level lowers, then all threshold levels will be lowered. So what will the new Aggravated level be? Right now it is 0.18%. Would it be closer to 0.10?
If that happens, more people would be charged with this higher form of DWI in NY.
4. Would the Felony DWI statutes be changed?
It begs the question--would New York still charge DWI felonies the same way? Two misdemeanors in a 10 year period... or base it on very high BAC levels --like the current Aggravated DWI levels of 0.20 or higher?
BOTTOM LINE:
It would be hard to predict the outcome of such a dramatic change. Some people can drink several drinks and not reach 0.08%. But some people could drink 1 beverage and hit 0.05%...and how impaired would that person be? Everybody is different. Everybody handles alcohol in their body differently. It changes based on experience drinking, height, weight, age, gender, body temperature, empty stomach or no, etc, etc, etc
When does impairment start? I have not seen the definitive scientific research that says we all are impaired at 0.05% BAC.
I agree that impaired driving is dangerous and should be avoided. However, tying an arbitrary number to impairment is probably not the best way to legislate this issue --in my educated opinion.
BY ATTORNEY MIKE CYR 607-229-5184
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For Educational Purposes Only. Copyright CYR & ASSOCIATES 2016.
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