New York is Considering Lowering the DWI Limit to 0.05

Quinn: It’s Quinn and Cantara, PYX 106, 1-800-LAW-1010,

Cantara: Normally we’d have attorney Paul Harding on but she’s filling in for Paul this morning. We’ve had you on before, Cassandra. I think I got this. Your last name is Kazakunus, correct?

Cassandra: It’s close. We’re getting close.

Quinn: You were so close. I think I, I thought it was right too.

Cantara: I think I had it right off air and now I’m screwing it up on air. What’s your last name, Cassandra?

Cassandra: Kazukenus.

Cantara: Kazukenus. Got it now.

Quinn: Okay. That’s so close yet so far.

Cantara: So we saw this story kinda circulating around in the news for the past week or so about a New York lawmaker aiming to lower the blood alcohol limit. We were wondering if you could help us out with this.

Cassandra: Yeah. It’s something that is being discussed nationally actually as well. In Utah they just lowered it to 0.05. That was the first state to do it, and they were actually the first state to lower it from 1 to 0.08 actually, however long ago that was.

Quinn: I mean, I get Utah, but this is New York, you know?

Cassandra: Yeah, you know what?

Quinn: 0.05? What is that? One drink?

Cassandra: It’s two probably for a woman and three probably for a man, but it depends on size and how you metabolize your alcohol. You know what would be surprising to you? Most of Europe has a 0.05.

Cantara: Yeah, I’m actually okay with lowering the limit.

Quinn: Well, no. And obviously I don’t have a real argument in it.

Cantara: No, you don’t. So where is it now and what are the odds that it changes here in New York?

Cassandra: Well, you know, I think what’s gonna come into play is the restaurant lobby, right? I don’t think that they want to lower it.

Quinn: Right. Right. Great point.

Cassandra: I personally don’t see it moving quickly that direction in New York. If it starts taking off nationally I could see eventually it happens. But with Uber and Lyft and all of those other rideshare services, it’s getting easier to not drive after drinking. And that may relax some of that.

Cantara: Yeah, I’m with you. We would just make better decisions and we have more options now than we did 30 years ago. So there’s no reason to fight for the limit to be high.

Quinn: Some of us made better decisions. There are some of us out there who do not for some reason are not wired to make that decision appropriately or correctly.

Cantara: But in your poor making decision days, Quinn, would 0.05 be the difference?

Quinn: Oh, I didn’t say with me, I never got a DWI.

Cantara: In someone’s poor making decision, would 0.05 to 0.08 make that much of a difference to that kind of person? You know what I mean?

Quinn: Great point. That’s a good point too. So there’s a select group of normal people out there…

Cassandra:: Typically they have a 0.15.

Cantara: What was that Cassandra?

Cassandra: Typically those that are in aggravated, you know, in the type of DWI situations that you’re hearing about where it’s aggravated, you know, accidents and terrible accidents, they usually have over a 0.15 or more.

Quinn: Okay. Yeah.

Cassandra: It’s not really the difference between a 0.08 and a 0.05.

Cantara: And this is blood alcohol or this is breath?

Cassandra: No. Well, technically it’s the BAC from the blood alcohol draw. But the breathalyzer is always probably cause.

Quinn: Okay, gotcha. Okay.

Cantara: She seems to be speaking your language over there, Quinn.

Quinn: 0.42. How about that, Cassandra? Had that rolling up to Hazelden in Center City, Minnesota. 0.42.

Cantara: That’s a rehab place.

Quinn: Thank God.

Cantara: All right. So what should we watch for next? Are they gonna vote on this? I mean, they still gotta take up weed.

Cassandra: Yeah, I don’t think it’s going anywhere right now. It may gain steam I think as the nation, I suspect the nation will switch that way and start moving that way as Uber and Lyft continue to grow.

Quinn: Right on. Right on.

Cassandra: But as of right now I don’t see it going anywhere in New York.

Quinn: Trains, baby. Let’s all get messed up and get on the train.

Cantara: Trains and ride share. All right. Filling in for Paul Harding this morning from Martin Harding & Mazzotti is Cassandra Kazukenus.

Cassandra: You’ve got it.

Cantara: I got it.

Quinn: Thank you, Casssandra.

Cantara: Yeah, thanks so much.

Quinn: It’s 1-800-LAW-1010,