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Is a lower BAC legal limit in New York’s future?

On Behalf of | Feb 20, 2023 | Motor Vehicle Accidents

A drunk driving crash changes the lives of many people forever. The drunk driver has a DWI on their record, and a possible lawsuit on their hands. The accident victim is seriously injured or perhaps even passed away due to their injuries. And their loved ones and the community are left wondering why these types of collisions keep on happening.

Is there a solution to the number of drunk driving crashes?

Some New York lawmakers believe there is a way to potentially lower the number of drunk driving crashes in the state: by lowering the legal limit to 0.05%.

Currently, a person with a blood alcohol concentration (BAC) of 0.08% is considered too intoxicated to drive. If a person’s BAC is 0.08% or higher, they have breached their duty to drive safely and if they crash into another vehicle, they can be held responsible for the collision.

A bipartisan bill has been introduced that would lower the legal limit for alcohol consumption and driving from 0.08% to 0.05%. They believe this will reduce high-speed car crashes caused by drunk driving. If passed, New York would join Utah as the only other state to have a legal limit of 0.05%.

Current BAC laws will stay for now

This bill is still in the early stages of the legislative process. It may not even be passed at all. So, as it stands, the legal limit in New York remains 0.08%.

A person with a BAC of 0.08% experiences a significant loss of coordination. They cannot exercise good judgement and they may even black out. It is obvious to most why a person with a BAC of 0.08% should not be driving.

Still, even having a BAC of 0.05% may make it too dangerous to drive. A person with a BAC of 0.05% might have some problems focusing their eyes, exercising good judgement and remaining alert. These effects could make it dangerous to drive.

It is understandable, then, why some believe the legal limit should be lowered. Drunk drivers who cause car crashes in New York should be held accountable. Victims can do this by pursuing litigation if they believe doing so is the best way for them to be compensated for their losses.



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