The National Transportation Safety Board lashed out against drunk driving this week, making recommendations regarding DWI laws through a safety report on Tuesday. USA TODAY reports that the NTSB called upon states and the federal government to reduce the blood alcohol level of per se DWI charges from 0.08% to 0.05%. This would mean that a driver with a BAC of 0.05% or above could be charged with DWI. The NTSB cited the successful drop in DWI-related accidents in Europe in making its recommendation. The European Union cut alcohol-related deaths by half in 2010 by reducing the BAC level for DWI charges, and now seeks to cut its current death rate again over the next ten years. The NTSB also noted that the United States is one of only a few developed countries in the world that still follows the 0.08% level. Over 100 countries follow the 0.05% BAC standard for per se DWI charges. According to the NTSB’s report, the risk of a DWI-related crash at 0.05% BAC is approximately half that at the 0.08% BAC level.
According to Mercury News, the NTSB’s past recommendations have included ignition interlock devices for all drivers convicted of violating DWI laws as a condition to driving. The NTSB pushed the National Highway Safety Administration to develop a program that would have states ensure that the ignition interlock devices are actually used by convicted drunk drivers. The article notes that currently approximately one fourth of those drivers ordered to install ignition interlock devices actually use them. This is due to the fact that drivers can find a way to circumvent using the devices.
The USA Today report mentioned that the NTSB was the original promoter of the 0.08% per se DWI alcohol limit, which is now the norm throughout the United States. The NTSB recommended the 0.08% limit in 1982, when the per se DWI level was 0.10%. Since that time, DWI-related accidents have significantly declined.
Like all other U.S. states, the BAC level of a per se DWI in New York is 0.08%. At that level, under the New York Vehicle and Traffic law, without additional aggravating factors, a driver may be convicted of a misdemeanor, which results in a criminal record. The penalty may include up to one year imprisonment, a fine of up to $1,000, installation of an ignition interlock device and up to a six month license revocation. However, cases vary and penalties may be greater if there are aggravating factors present.
DWI laws are complicated and it is important to know your rights. If you have been charged with violating DWI laws, it is important to immediately seek out the assistance of an experienced attorney. An experienced attorney can review your case and can represent you in court. Call the experienced DWI attorneys as Nave DWI Defense Attorneys today at 1-866-792-7800 for a confidential consultation.
Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.