Major Push Happening To Make New York State BAC Limit .05
There's a really big push happening in New York State to change the BAC limit to .05%. A chemical test is not required to prove that you were driving intoxicated, according to New York State. In fact, the law when it comes to drinking and driving in New York State could possibly be changing--lowering the legal BAC of intoxication from .08% to .05%.
New York State Bill S131 & S776 are currently in committee status. They read:
Lowers the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .05, and for aggravated driving while intoxicated from .18 per centum to .12
Right now here is the law per the New York State:
- 0.05% is legal evidence that you are impaired
- 0.08% or higher is evidence of intoxication
- 0.18% or more is evidence of aggravated driving while intoxicated
New York State Senator John Liu is reintroducing the bill to Albany that would lower the legal BAC limit in New York State.
Many people think chemical test evidence is required to prove you were intoxicated or impaired. However, the testimony of a police officer about the way you drive, your appearance, and behavior when arrested can provide enough evidence to convict you, even without a chemical test. If you are found guilty of any alcohol or drug-related violation, the court must revoke or suspend your driver license when you are sentenced.
The only state that has lowered its BAC limit is Utah. The new limit is .05% and since they have done so, they have seen car-related fatalities drop by 18%.
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