Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
NY lawmakers push to lower DWI limit to .05
By
Jon Campbell
Published Feb 7, 2023
Modified Feb 8, 2023
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Jon Campbell / Gothamist
By
Jon Campbell
Published Feb 7, 2023
Modified Feb 8, 2023
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
New York City’s top transportation official on Tuesday urged state lawmakers to pass a bill lowering the state’s DWI limit to .05, saying the state has historically been too slow to act on drunken driving laws.
Ydanis Rodriguez, commissioner of the city Department of Transportation, reiterated Mayor Eric Adams’ support of the measure during a news conference at the state Capitol, which was held by the bill’s sponsors and attended by victims of drunken driving and their family members. The push to lower the state’s DWI limit comes as New York City saw a spike in fatalities from alcohol-related traffic crashes in 2021, when 42 people died.
That was up from the prior three-year average of 27 per year, according to the city. Statewide, about 30% of fatal motor vehicle crashes are alcohol-related, according to New York State Police.
“This is not about going after anyone that wants to have a drink,” Rodriguez said. “If you have a drink, if you want to have a drink, get an Uber, get a taxi, but please don't drink and drive.”
Currently, a driver can be charged with DWI in New York state if they’re operating a motor vehicle with a blood-alcohol concentration of at least .08 grams of alcohol per deciliter of blood, or .04 for the driver of a commercial vehicle. A first offense triggers a mandatory license suspension of at least six months. Anyone who registers a .05 through .07 can be charged with driving while ability impaired by alcohol, a lesser charge that carries a license suspension of at least 90 days.
There's a range of penalties for those found to be driving while intoxicated. Drivers who register a BAC of .18 or higher can face an aggravated DWI charge, which carries a max jail sentence of one year. Repeat offenders can face seven years in prison.
Under the bill in Albany, the DWI law would kick in at .05, which would match a recommendation from the National Transportation Safety Board. The NTSB first threw its support behind such a limit in 2013, and so far only one state — Utah — has implemented it.
The state measure is sponsored by Queens Sen. John Liu and Brooklyn Assemblymember Jo Anne Simon, both Democrats. It has been kicked around Albany in some form since 2013, when the NTSB first threw its support behind a .05 limit.
Liu said he hopes Utah’s experience, which showed a drop in alcohol-related motor-vehicle crashes in the year after its law took effect at the end of 2018, is enough to convince lawmakers to approve it this year.
“The reality is it didn't [pass in prior years], and I'm not going to harp on it,” Liu said. “The harsh reality is that we have seen more and more and more deaths from drunken driving, and that trend is upward. But we have also seen now that it has worked in the state of Utah where the trend is downward.”
Tagged
Albany
legislation
dwi
Politics
news
Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Central Park birders, others remember 63-year-old woman killed in park
People who said they knew her described her as an artist and a familiar presence in the Ramble.
By
Charles Lane
Published Sep 28, 2026 at 7:04 p.m. ET
Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says
It's the latest in a string of hit-and-run deaths in the city in recent months.
By
Liam Quigley
News
Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says
It's the latest in a string of hit-and-run deaths in the city in recent months.
By
Liam Quigley
New ingredient mandated for Latin American kitchen, restaurant plates in NJ
By
Arya Sundaram
A Brooklyn jail cell filled with smoke. The emergency button failed, a lawyer said.
By
Samantha Max
Crews launch tunnel machines to dig first new Hudson River rail tunnels since 1910
By
Michael Sol Warren
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .