ALBANY, NY — New York State lawmakers are considering legislation that would lower the legal limit of alcohol a person could have in their blood while driving. The current legal blood alcohol concentration (BAC) level is .08%. The new level would be .05%. The legislation would also lower the lever for aggravated driving while intoxicated from .18% to .12%.

Sen. John Liu is sponsoring the bill in the Senate. He said, “There’s a big difference in cognitive abilities between .08 and .05, and this bill could save lives.”

The National Transportation Safety Board is advising all states to adopt a limit of .05%. Utah became the first state to adopt the limit in December 2018. Various organizations have expressed support for the lower limit, including the American Medical Association and the World Health Organization.

The American Beverage Institute, on the other hand, strongly opposes the change and a post on the organizations website says the change would not do much to improve traffic safety. The post says, “A driver with a .05% BAC may technically be somewhat impaired, but impairment is relative. In fact, a driver who is talking on a hands-free cell phone or simply driving while over the age of 65 is more impaired than someone at .05%.

“It’s obvious why drivers with a .05% BAC aren’t significantly impaired, they’ve had relatively little to drink. A 120-pound woman will hit .05% after having little more than a single drink and a 160-pound man would be considered legally drunk after two. This makes what is usually considered responsible behavior into a criminal act.”

Hunting and alcohol

State lawmakers have already agreed to lower the legal BAC level for a person who is hunting. The old level was .10% and the new level is .08%.

Both the state senate and assembly passed the measure in March, but Gov. Andrew Cuomo has not yet signed it.

Connecticut and Pennsylvania both have legislation pending that would also lower the legal BAC limit to .08%.

In New York, environmental conservation officers issue about a dozen tickets a year for people who are hunting while intoxicated.