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WBEN NewsRadio 930>Audio & Video on Demand>>Fed Change to BAC For DWI Proposed - Steve Boyd; Part III

Fed Change to BAC For DWI Proposed - Steve Boyd; Part III

May 16, 2013|

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Automatically Generated Transcript (may not be 100% accurate)

Personal injury attorney Steve Boyd is in studio with those we're talking about this proposal floated by the NTSB the National Transportation Safety Board. The other day looking for uniform laws across the country wants states to adopt a uniform point 05 blood alcohol content. Level and DW I cases. Steve. Do you think this is gonna fly in the New York State Legislature. I don't know it's a tough battle across the country and with the and TSB asking for across the country. What you would have is something akin to what happened when the speed limit drop to 55. What they did then because it and want a lot of states to monitor as they would they -- a -- thing that would withhold highway funds. From the federal government any states that did not follow the laws so. If congress has the the appetite for passing such a law that's probably the way they would go. New York has been pretty good in terms of passing tougher DW bylaws. Past -- slot in the two years ago and as I mentioned before the working and distances law which would be more enforcement higher level of felony for repeat offenders. So I do think that New York has been in many ways one of the leading states in changing attitudes about drunk driving. Another point to if if the feds do lower the BAC. Some are saying that your gonna get a lot more refusals now how all this change things for caps for the courts to ticket on down even more. I don't know about the refusals but it does change things -- sometimes what we see is that. The judges. Don't necessarily want to enforce these tougher laws and that we saw that with -- law. Where there might be extenuating circumstances why someone was drinking. Drunk when a child in the car and the judge would look at those extenuating -- circumstances but the law doesn't allow the judge to look at those extenuating circumstances so. There is their. You have to get a law that not only will the police be able to make -- but judges will be willing to enforce. Smell when a driver who was stopped refuses. A field sobriety test or any kind of a test to determine alcohol content. That driver faces some. Some other penalties their licenses pulled right away. -- and then you get to the question of just because a person has lost their licenses that mean they're not going to be driving. So you mean if they do get caught driving after -- just followed the penalties are pretty stiff but. There are as you say there are other things that will happen to you if you. If you refuse. And you also get to the question of how sensitive are -- is that -- the mechanism the technology. That can read the difference between a point 05 and of -- for. It's very sensitive the -- -- go. So that opens up whole -- it does. And I think what what we will see though as we'll see things like that ignition in airlock will. Come into play more were judges will order that you have this mechanism in your car that you have to blow into it before you can drive if you've been convicted of a DWY. And we CNET and other states to where. The threshold for when you -- and -- mission generalized. Is lower but as these things get passed in the technologies command people try to figure out ways to. To get past. The technologies when it's the ignition in elect now what is the threshold for that. I think it -- I'm not sure if it's the single PW -- it might be just. Second conviction. He caught in the island but. We do -- in in cases where a judge could sentence a person and require the ignition airlock where the duchess isn't doing it. The judge may have the ability if you are going to be. Put out financially. And you. And putting historian for the judge the judge has the ability to find you guilty of an impaired and not and intoxicated and that would change the standard of whether or not you need you know lots of the judges have a lot of leeway especially. Out in these towns where they may have you know -- in the town knows each other. So. It is tougher to get out in the towns in particular judges to enforce these. Laws -- we have yet to hear from the liquor industry the bars the restaurants there's going to be a lot of money portable lobbying in Albany. All of this is a balance of economic interest and those are billion dollar industries. But if you -- about a 170000. Injuries in DW -- accidents and DW AI accidents every year in the United States. That's a pretty big thing to be balancing along with the profits of the restaurant in the liquor industry and so it may be a situation where those industries have to rethink. Their business models if the laws changed such that people are drinking a lot less. Steve good to have you with us this morning thank you for telling my pleasure thanks guys that's both Gloria personal injury attorney Steve board.

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