New York City pushing state to lower blood alcohol content threshold for DWI

Officials pushing for stronger DWI laws in New York

NEW YORK -- New York City is pushing for a major change to help crack down on impaired drivers and city officials are warning those who go out celebrating the holidays. 

Alisa McMorris, whose 12-year-old son Andrew McMorris was killed by a drunk driver in 2018, urged people to not drink and drive. 

"Take a second look at my sweet boy's eyes. Let that sit with you when you're making a decision," said McMorris. "I want you to say five words to yourself: How are we getting home?"

The NYPD says it will be stepping up patrols. 

"This year, 28 people were killed as a result of a drunk driver," said NYPD Chief of Transportation Kim Royster. 

Beyond that, the Department of Transportation and other groups are pushing for a change in the state's law. 

"Lower the state's legal blood alcohol concentration threshold, or BAC, for DWI from .08 to .05 percent," said Margaret Forgione, first deputy commissioner of the New York City Department of Transportation. 

In the city, a BAC between .05 and .08 is considered driving while ability impaired, or DUI. 

"It is still illegal, but the criminal penalties are lower. For safety and enforcement, having two different thresholds in our laws is not helpful," said Forgione. 

For example, a first-time offender with a BAC of more than .05 to .07 faces up to 15 days in jail and a 90-day license suspension. A BAC of .08 or higher means up to a year in jail and a minimum 6-month license suspension. 

Officials said lowering the number acts as a deterrent. Other countries and Utah have settled on .05.

If you're thinking of drinking at all, it's best to plan on having a designated driver. 

"There's a 170,000 licensed taxi drivers and for-hire vehicle drivers that can take you home if you decide to drink," said David Do, chair and commissioner of the Taxi & Limousine Commission. "That one poor choice of driving and drinking can end you life and someone else's life." 

More than 30 percent of fatal crashes in New York are alcohol-related, according to state data. 

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