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Bill proposes lower blood alcohol content limit in New York

On Behalf of | Apr 18, 2019 | DWI |

In New York, a proposal has been made to lower the DUI alcohol limit. There is some support for doing so, but critics don’t believe it’s necessary.

The April 16 report describes the suggested changes. The bill in the New York State Assembly would lower the legal limit to .05%, and anything over .12% would become an aggravated DWI. Presently, .08% is the legal limit, and .18% is the aggravated DWI limit.

Opponents of the bill don’t believe it will help. They claim that the average fatal crash happens when the person’s blood is .16 or .17%, not as low as .05%. Essentially, the law could potentially hurt those who are still driving safely.

If the bill passes, it will mean that New York joins Utah as the states with the lowest BAC in the country, .05%. The proposal is currently being reviewed by the Assembly’s transportation committee.

If you are facing a DWI today, the legal limit is .08%, and the aggravated limit is set to .18%. You have a chance to fight the charges and reduce the penalties you face, potentially getting the DWI dropped completely. That will become more difficult as the BAC limits lower, and those lower limits could also catch people by surprise, especially if they’re not from New York.

Changing DWI laws could help save lives, but with any positive changes also come negative outcomes. It’s important to discuss your case with your attorney, and make sure you’re up-to-date on current laws and requirements, so you know what kinds of penalties you may face.


Law Offices of Joseph J. Tock