Senator Charles J. Fuschillo, Jr. announced last week that his legislation to lower the legal blood alcohol content level (BAC) from .10 percent to .08 percent was signed into law by Governor Pataki. The new law allows for the suspension of a license pending prosecution if the BAC at arrest is .08 percent or more.

"Today's signing of a .08 BAC law for New York State will save lives and send a powerful message to those who choose to drive drunk that they will face harsh penalties," said Fuschillo. "I join with victims, families and anti-drunk driving advocates across the state in applauding the enactment of this legislation and thanking Governor Pataki for his leadership in fighting DWI."

"The new .08 law is an important victory in the battle to keep New York's roads free and safe from drunk drivers," Pataki said. "By lowering the legal blood alcohol content level we have an opportunity to prevent drunk driving and saving lives. I want to recognize Mothers Against Drunk Driving for their commitment to making this lifesaving measure become a reality."

New York State Mothers Against Drunk Driving (MADD) Chair Elizabeth Obad said, "MADD New York is thrilled to have .08 become a reality. We are truly grateful to the members of the state legislature and Governor Pataki for supporting this lifesaving legislation. New York State is a leader in highway safety, and .08 will further reduce the number of people killed in alcohol related crashes on our roads. With drunk driving fatalities on the increase across the nation, the passage of .08 signified New York's renewed efforts to save lives, make our roads safer and send a message to drunk drivers that their behavior will not be tolerated in this great state."

Studies prepared for the U.S. Department of Transportation have concluded that virtually all drinkers have some impairment in critical driving tasks at .08 percent BAC levels. Research also shows that the higher the BAC levels, especially over .08 percent, the greater the risk of the involvement in a motor vehicle crash

According to the National Highway Traffic and Safety Administration (NHTSA), states which have lowered their BAC levels to .08 percent have shown significant decreases in alcohol-related fatalities. If New York were to experience the same results as California - a 12 percent reduction in alcohol-related fatalities the year after it lowered the BAC level to .08 percent, approximately 40 lives could be saved annually.

New York State has experienced a dramatic decline in alcohol-related traffic fatalities. In 1981 there were 1,107 alcohol-related deaths, while last year there were 315. According to the NHSTA, in 2001 New York State had the 3rd lowest rate of alcohol-related fatalities in the country behind Vermont and Utah.

Fuschillo added that under Pataki, New York State was honored by the National Commission Against Drunk Driving, as being the state with the most comprehensive impaired driving prevention program in the nation, winning the "Year 2000 State Award."

New York State has improved highway safety through education and enforcement initiatives, including "Campaign Safe And Sober;" one of the nation's most comprehensive programs aimed at drinking and driving; promotion of child passenger safety restraint usage; cracking down on aggressive drivers; and alerting motorists to the dangers of drowsy driving.

These efforts lead to the last five years on New York State's highways being the safest in 70 years. Statistics indicate that New York has had the lowest number of traffic fatalities during the last five years since 1920-1924, the first years these records were kept.

The new law takes effect November 2003.