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Local attorneys digesting lower DWI threshold in state budget proposal

"It's not the end all, be all, it's more a chip in the mosaic"

As part of the state budget proposal, Governor Hochul is looking to lower the DWI threshold from .08 to .05. A pair of attorneys who deal with drunk driving cases share their reactions to the plan.
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Buffalo, NY (WBEN) As part of the New York State budget proposal, Governor Kathy Hochul is looking to lower the DWI threshold from .08 to .05.

The proposal comes with its fair share of criticism and support from lawmakers and from attorneys who represent parties involved in DWI related cases.


Attorney Arthur Pressman says the impact for most casual drinkers won't be too much. However, for lighter weighing people, they may have to think twice before one more for the road. "I've had clients who are 110, 120 pounds who have two drinks, and they are above that .05," explains Pressman. He says for a lot of people, just a couple of very strong drinks could get them close to that .05 threshold.

Pressman believes this is a political decision more than anything. "I think that most people are not drinking, and driving to the extent where they're impaired by alcohol or intoxicated by alcohol. So ... I don't have an opinion as to whether it's good or bad," says Pressman, emphasizing it would be a good thing if it keeps inebriated drivers off the road.

Attorney Steve Boyd represents victims of drunk driving. He says the last reduction in the DWI threshold reduced the number of drunk driving deaths. "From what was .10, we were seeing 25,000 deaths in drunk driving accidents a year, and now, we're seeing 17,000 deaths in drunk driving accidents a year. So that kind of legislation does have its impact," says Boyd. But he emphasizes 17,000 deaths from drunk driving a year is still a high number.

"It's not the be all end all. But it's more of a chip in the mosaic, it is an added weight toward the side of putting an end to drinking and driving," says Boyd. He says other things like the Uber and Lyft phenomenon has a lot of people who go out for a cocktail, doing something easy to take responsibility and to prevent themselves from getting into that situation. "I just think that we as a culture are growing to the point where drinking and driving is just unacceptable. And I think that's a good thing. And if this legislation helps promote that, that's also a good thing," adds Boyd.

Boyd says if Hochul is promoting it within her budget, he thinks the Assembly and the Senate will pass it and then we'll wait for her signature.

"It's not the end all, be all, it's more a chip in the mosaic"