New York lawmakers want to lower the threshold for driving while intoxicated from 0.08 blood alcohol content to 0.05 — arguing the move would save lives and reduce drunken driving crashes in the state.
Similar measures have been introduced multiple times over the last decade in the state Legislature, but the Democratic legislators who back the bill believe a cultural change around drinking and driving has been taking place.
"It makes a difference, it makes a huge difference," said state Assemblywoman JoAnn Simon. "You can have a drink or two. But the reality is at 0.05 you start feeling the effects of that alcohol. You're impaired than a lesser way at .08, but you're still impaired."
State Sen. John Liu pointed to Utah, where the DWI standard is 0.05 and drunken driving fatalities reduced by 20% as a result.
"We know it works. The message here is not get to .049 level," he said. "The point is have fun. Drink alcohol, enjoy it. Just don't drive after you do so."
In New York, driving while ability impaired ranges from 0.05 BAC to 0.07, according to the state Department of Motor Vehicles. The first penalty for a DWI in the state is a mandatory fine of as much as $2,500 and up to a year in jail as well as a revoked driver's license.
Penalties for a second DWI can reach up to four years behind bars, a $5,000 fine and a revoked license for 18 months.
The bill backed by Liu and Simon would not seek to increase the penalties. But instead, they want the measure to act as a deterrent to risky behavior.
"It heightens the awareness that you can't drink as much and get in the car," Simon said. "It will reduce the amount of deaths because it will reduce the amount of people getting behind the wheel."