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Senator Charles J. Fuschillo, Jr. author of the law lowering New York State's legal Blood Alcohol Content Level (BAC) from .10 to .08, announced that the Senate and Assembly have agreed to move up the law's enactment date to July 1, 2003, from Nov. 1, 2003. In addition, this move would make New York State eligible for federal incentive grant money if the state can certify prior to July 15, 2003 that there is a .08 BAC level law in effect and being enforced.

"The sooner .08 is enacted in New York State, the sooner we'll get drunk drivers off of our roads and begin saving more lives," Fuschillo said. "The earlier enactment date will also bring New York State in compliance with the federal government's mandate for states to enact a .08 Blood Alcohol Content level and ensure that we do not lose needed federal highway construction aid."

According to Mothers Against Drunk Driving, New York State's .08 BAC Limit would save approximately 40 lives each year statewide. 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 consumptions: 12 oz. beer, 5 oz. wine, 1.5 oz. liquor.)

According to Fuschillo, 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.

"Earlier enactment of the .08 law has the real potential of saving a New York family, perhaps yours, perhaps mine, from becoming the next victim of DWI," said Marge Lee, co-founder of DEDICATEDD (Drive Educated, Drive Informed, Commit and Totally End Drunk Driving). "Our members, supporters and victims of DWI are grateful to Senator Fuschillo for his continued success in removing drunk drivers from our roads."

New York State is the 30th state in the nation to enact a .08 DWI limit.


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