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Governor Signs Law Lowering DWI Blood Alcohol Content

(RIDGEFIELD)—Governor James E. McGreevey signed legislation today that will reduce the blood alcohol content (BAC) at which a person is considered to be guilty of drunk driving from 0.10 to 0.08 percent.  The announcement underscores with the Governor’s State of the State message to “Build a Better New Jersey” by making New Jersey roads safer.

The bill was named after the late Florence Nass, whose son was killed by a drunken driver and was a strong advocate for this measure.

“This law simply makes sense,” said McGreevey.  “Florence’s Law is simply about being responsible.  It is a worthy way to honor a great New Jersey activist.  Lowering the blood alcohol limit will protect lives and prevent injuries.  It will also bring back $7.2 million in Federal highway funding that the Federal government was going to withhold.”

The bill also creates a graduated penalty structure for first offenders.  Those who have a BAC of .08 or higher but less than .10 will receive a fine of $250 to $400 and up to a three month license suspension.  Those with a BAC of .10 or higher will receive a fine of $300 to $500 and a license suspension of at least seven months.  The same graduated penalty applies to people who let intoxicated persons get behind the wheel.

“It might have taken us 10 years to adopt a stricter standard for charging impaired drivers, but it will surely pay off in lives saved,” said Assembly Majority Conference Leader Loretta Weinberg (D-Bergen), who first introduced the .08 legislation in 1993.  “Enactment of the lower standard comes at the right time as the National Highway Safety Administration reports drunken driving deaths are again on the rise in New Jersey after several years of decline.”

“Inebriated drivers statistically cause the largest numbers of fatal car accidents each year,” said Senator Joseph F. Vitale, (D-Middlesex). “By lowering the drunk driving limit to 0.08 percent blood alcohol content we will save lives. And no argument against the new limit can stand up to that fact.”

Lowering the BAC will also allow New Jersey to be eligible for critically needed federal transportation funding.  States that did not adopt the National .08 BAC law by October 1, 2003, had 2 percent of certain Federal highway construction funds withheld.  States that adopt the standard will have their funds reimbursed.

“With the Governor's signature, this law restores the $7.2 million in withheld federal highway construction aid to the State,” said Senate President Richard J. Codey, (D-Essex).  “With the Transportation Trust Fund nearly depleted, continuing to receive federal transportation grants becomes more and more essential to maintaining our heavily trafficked highway infrastructure.”

“With this law, we stand to save hundreds of lives that would otherwise be tragically lost,” said Senator Joseph Coniglio, (D-Bergen).  “At the same time, we have saved the State millions of dollars in transportation funding costs by complying with a federal mandate so we may continue receiving federal highway grants.”

According to research conducted by the National Highway Traffic Safety Administration, virtually all drinkers are significantly impaired at .08 BAC.  Studies show some states that enacted a .08 BAC law have reduced the number of fatal crashes by 12 percent.

“In part, .08 is the level at which virtually everyone looses their critical driving skills,” said Frank Winters, State Chairman of MADD New Jersey.  “Many of our New Jersey residents will have a future that they would not have had without it.”

Earlier today, he Governor signed Senate Bill 338 which bans the use of hand-held wireless phones in moving vehicles and “Michael’s Law” which requires a person who commits a third or subsequent DWI offense to serve a 180-day prison term in a county jail or workhouse. 

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