Senator Charles J. Fuschillo, Jr. was recently joined by Mothers Against Drunk Driving (MADD) as he renewed his call to lower the legal Blood Alcohol Content (BAC) Level in New York State from .10 to .08.

Fuschillo has been a leading advocate in the fight against drunk driving and is the chief sponsor of the legislation that passed the Senate in 2001 that:

* lower the BAC level from .10 to .08;

* increase penalties for repeat DWI offenders as follows:

- five days jail or 30 hours community service for a DWI conviction with one prior DWI conviction within five years;

- 10 days in jail or 60 hours community service for a DWI conviction with two or more prior DWI convictions within five years;

- more than double the minimum fines for repeat DWI offenders from $1,000 to $2,500 for two DWI's within five years, and from $2,000 to $5,000 for three DWI's within 10 years:

* lower the BAC level for commercial drivers to .06;

* make it a crime for driving under the influence of the combined effects of alcohol and drugs;

* establish more precise methods for measuring intoxication levels for suspected drunk drivers;

* facilitate the prosecution of alcohol-related vehicular assault and vehicular manslaughter by eliminating the element of criminal negligence in cases resulting in serious injury or death;

* improve law enforcement's ability to test an underage person suspected of drunk driving;

* create the offense of "evasion of a police officer;" and

* increase penalties for repeat offenders who give or sell alcoholic beverages to individuals under the age of 21.

Fuschillo's anti-DWI legislative package is endorsed by Mothers Against Drunk Driving (MADD) and the Automobile Club of America (AAA). According to the New York State Police, a .08 BAC limit could save approximately 40 lives in New York State each year.

According to Fuschillo, member of the Senate Transportation Committee, an analysis of states that have lowered their BAC levels to .08 from .10 has revealed significant decreases in alcohol related fatal crashes. Research has shown that the vast majority of drivers, even habitual drinkers, are unable to perform critical driving tasks (steering, braking, lane changing and reaction time) with BAC levels of .08 such.

"Statistics clearly indicate a dire need to lower the legal BAC limit to help reduce the number of alcohol related deaths and injuries in our state," Fuschillo said. "By lowering the BAC to .08, increasing penalties for repeat offenders, and creating new anti-DWI offenses, we will be sending a message that New York State has no limits in its efforts to fight drunk driving and save lives."

"MADD strongly supports Senator Fuschillo's legislation to lower the BAC from .10 to .08," said Marge Lee, member of the board, MADD-NYS. Studies show that the fatal crash risk at .08 BAC rises sharply to at least 29 times greater than that of a nondrinking driver. It is estimated that over 500 highway deaths could be prevented annually if each state were to enact a .08 BAC standard. A .08 law is lifesaving legislation and we thank Senator Fuschillo for his leadership on this issue."

According to MADD, demonstrations have shown that to reach a BAC of .08, a 165 lb. male would typically have to consume more than four drinks in one hour on an empty stomach. A 137 lb. female would have to consume more than three drinks in one hour on an empty stomach. (All demonstrations involved average serving size: 12 oz. beer, 5 oz. wine, 1.5 oz. liquor.)

"AAA strongly supports enactment of Senator Fuschillo's legislation. Research shows that all drivers are substantially impaired at the .08 BAC level and the risk of being involved in a fatal crash increases substantially at .08," said Marta Genovese, chairwoman of the AAA New York State Legislative Committee. "Lowering the BAC level will not only save lives but also preserve vitally important federal transportation aid."

If enacted, Fuschillo's legislation would make New York State the 30th state in the nation to enact a .08 limit. It would also place the state in compliance with the federal Transportation Equity Act for the 21st Century (TEA-21) which mandated that states implement a .08 BAC law by Oct. 1, 2003 or lose federal transportation funds.