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Proposed NY law would lower state blood alcohol limit to .05

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By David Meyer

New York could become just the second state in the US to lower its legal blood alcohol limit to from .08 to .05 under a proposed new bill — a move its advocates say would save countless lives.

“A driver’s cognitive ability degrades very quickly above .05 BAC,” said bill sponsor state Sen. John Liu (D-Queens), referring to “blood alcohol content,” which measures the amount of booze in a person’s system.

Liu told The Post that passing the bill to lower the state’s legal drinking and driving limit before the end of the state legislative session next month is “among my top priorities.”

“This bill is needed because there is still too much drunken driving out there,” he said.

 

States began lowering the legal BAC limit from for driving from .1 way back in the 1970s, as concerns about deadly drunk driving went mainstream. The National Transportation Safety Board in 2012 advised states to lower the limit to .05, but so far only Utah has done so.

“Virtually everyone is impaired at .05, we know that from studies,” said Thomas Louizou, a former federal traffic safety official and founder of the .05 Saves Lives coalition.

Louizou argued that a lower BAC limit would discourage intoxicated New Yorkers from getting behind the wheel, thanks to a “general deterrent effect.”

“You give people that impression that if they were caught drunk driving, they will be arrested,” he explained.

“About 114 nations have lower limits than we do here in the US. They’ve seen on average about an 11 percent reduction in alcohol related fatalities. You’re looking at saving 25 lives per year here in the Empire State.”

New York State Sen. John Liu is sponsoring the bill to lower the legal blood alcohol limit.
       New York State Sen. John Liu is sponsoring the bill to lower the legal blood alcohol limit.Getty Images for Green New Deal

Brooklynite Jane Martin-Lavaud believes a lower blood alcohol limit could help prevent tragedies like the 2013 crash in which a drunk, speeding driver killed her 24-year-old daughter Leonora Lavaud.

“She was killed by someone who was very, very drunk with a car full of very, very drunk passengers who had been bar hopping, drinking vodka from the bottle from one location to the next,” recalled Martin-Lavaud.

“She was 24 and a friend was driving her home, and they were both killed — as was the speeding driver.”

“It’s been going on for as long as we’ve had people drinking and driving, which is as long as we’ve had people driving. The fact that this hasn’t been fixed yet — we know better,” she said. “I think .05 allows an ample amount of alcohol. We know better.”

Liu’s bill is co-sponsored by Assemblywoman Jo Anne Simon (D-Brooklyn). It is part of a package of proposals backed by Mayor Bill de Blasio — including one allow 24-hour speed camera enforcement.

The cameras currently operate from 6 a.m. to 10 p.m. on weekday — neglecting some of the most deadly times and locations.

Credit: NY PostÂ