Typo in New York Legistlation Sets Unreasonably Low Limit in Drunk Driving Law

It recently has come to light that a typo in a piece of New York legislation passed this year has set the standard for "misdemeanor aggravated driving while intoxicated" level at .18 grams of alcohol in an individual's blood, rather than the intended .18 BAC (percentage of blood alcohol content). According to Rochester DWI lawyer Ed Fiandach, this standard is so low that the alcohol naturally in one's body could potentially exceed this limit.

The intent of the law was to limit plea bargaining powers of prosecutors in cases involving drivers with a BAC of .18 or higher. Fortunately, this law is not enforceable as it is written, so the legislature likely will enact a technical correction during the 2007 legislative session.

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