For local bars and their patrons, Jan. 1 was an important date - and not only because of New Year's celebrations. On New Year's Day, Gov. George E. Pataki's lower legal Blood Alcohol Content (BAC) limit for Driving While Intoxicated (DWI) offenses went into affect.
Under previous state laws, drivers pulled-over with a BAC of 0.10 percent could be charged with DWI. Under Pataki's new law, any driver with a BAC over 0.08 percent can be arrested for the offense.
"Local bars should be cognizant of the change," said Jo Ann Skorka, public relations coordinator of the Erie County STOP-DWI program. "They need to know who they are serving and how much."
Kathryn Henry, a sophomore psychology major, said the new laws are "extremely strict" and that she doubted their effectiveness.
"I think a better way to go about it is to have more patrols and checkpoints, rather than lowering the level," said Henry.
Tucker Curtin, owner of the Steer bar and restaurant on Main Street, said the Steer has had a partnership with Liberty Cab Company in the past and may have to utilize their services more frequently as a result of stricter DWI laws.
"We have not addressed the change, but we really need to very soon," said Curtin.
He said that the stricter DWI laws will make it harder to identify which of his customers at the Steer are legally drunk.
"The level has just come to be so low that I don't know if I'd be able to identify a person who is legally drunk," Curtin said. "When you get above 0.10 percent and 0.12 percent, you can tell that they are drunk because of slurred speech, but I'm not sure I would be able to identify a 0.08 percent person."
Skorka said a 200-pound person would have to drink four or five beers in an hour to have a BAC of 0.08 percent. She acknowledged that a person in that condition may not be visibly intoxicated, but noted that bartenders are still responsible for controlling drunk drivers leaving their establishment.
"Bar owners have been around alcohol so much that they should be able to tell who is intoxicated," said Skorka.
She invited bartenders who believe they cannot identify legally drunk drivers to attend the Training for Intervention Procedures by Servers of Alcohol program offered by Erie County, which teaches bartenders how to identify and monitor potentially intoxicated drivers.
Mallory Williams, a sophomore double major in English and communication, said bartenders should not be held responsible for recognizing when patrons have exceeded a .08 BAC.
"You need to know your limit," said Williams.
Preetal Karecha, a sophomore psychology major, said she is "terrified of getting arrested." Despite her fears, Karecha said the toughening of DWI laws would not affect her own rules for drinking and driving.
"I've never been too concerned with the legal limits," Karecha said. "Basically, if I feel uncomfortable, I don't drive. I feel that one or two drinks doesn't really affect my driving."
Henry said she is not worried about the new law. "Personally, I don't drink and drive anyway," she said.
Karecha said she has another reason for not being concerned with a lowered BAC limit - New York State's Zero Tolerance law. Under the law, any driver under 21 who has consumed even one alcoholic beverage can be charged with a violation.
Although a Zero Tolerance violation is not as severe as a DWI charge, an underage driver can still be charged with DWI if his or her BAC is over 0.08 percent.
Karecha said it does not matter to her.
"Either way, I'll get in trouble," she said.
Karecha said she does not believe the stricter laws will have any effect on her friends.
"If I am going out to really drink, I'll make sure that I have cab money," she said. "But some of my friends will just drink and drive no matter what. They think they're good drunk drivers."
Williams agreed. "Lowering the limit won't really scare anyone," she said. "People who drive drunk are going to drive drunk."
Skorka said Erie County offers a program called GoSafe, which reimburses bars for cab rides provided for intoxicated patrons. Bars need to give a card to the cab drivers, who are then reimbursed by Erie County for the ride.
However, she said not enough bars and restaurants in the area participate in the program.
"If they do not participate in GoSafe, or do not have some other plan for dealing with drunk drivers, it can have a serious impact on their liability," she said.
The Steer does participate in the GoSafe program, and Curtin has yet another approach dealing with tougher DWI laws.
"The laws have gotten so strict that we've diversified," Curtin said. "That's why we opened up the dining room next door. Serving milkshakes is a lot easier to manage, given all of the regulations (on alcohol)."
