Family Of Scout Killed Urges Lower .05 % BAC NY DUI Threshold

WADING RIVER, NY — As Memorial Day weekend begins, a holiday long associated with a spike in drunk driving-related crashes and fatalities, Mothers Against Drunk Driving representatives, elected officials, and families who have faced unthinkable loss are gathering in New York City to advocate for change — and announce support for lowering New York State's threshold for alcohol impairment to .05 percent blood alcohol concentration.

The current threshold is .08%.

Among those slated to attend the MADD event are Assistant Speaker Felix W. Ortiz of Brooklyn — who has sponsored a bill to lower the BAC threshold statewide — and representatives from the National Safety Council, the National Transportation Safety Board and Advocates for Highway and Auto Safety.

MADD National President Helen Witty said this year marks the first time MADD has endorsed state legislation in support of a .05 BAC limit, and will also support .05 legislation in states where it is introduced.

"We are proud to stand with Assistant Speaker Ortiz and Senator Liu and our many traffic safety partners today. MADD fought hard to pass a nationwide .08 BAC law that has saved more than 40,000 lives — and will continue to save lives. Yet drunk driving has increased by 9% since 2014. Likewise, drunk driving deaths have risen from fewer than 10,000 in 2014 to nearly 11,000 in 2017. Something has to change," she said.

She added: "A growing and undeniable body of research shows a statistically higher crash risk at .05 BAC — .05 is impairment. And it is a level a majority of Americans already support."

The risk of being in a fatal, single-vehicle crash is at least seven times higher for drivers with a .05 to .079 BAC than for drivers with no alcohol in their system, according to the National Transportation Safety Board.

"Let me be clear: .05 is not typically one or two drinks after work," Witty said. " According to the Centers for Disease Control, a 160 lb. male would have to drink three drinks in an hour to reach a .05 BAC. The general public already thinks people should not drive after two or three drinks. Our support for this bill is not to stop people 21 and older from drinking alcohol. For nearly four decades, MADD has said the safest decision is to not drive after drinking."

The legislation is lifesaving, Witty added, stating that if all states adopted a .05 legal threshold, alcohol-impaired deaths could drop by more than 11 percent, saving 1,790 lives a year.

Also standing strong for change will be the family of Boy Scout Andrew McMorris, 12, who was killed by an alleged drunk driver who plowed into his Boy Scout Troop while they were on a hike in Manorville in September.

According to MADD, drunk driving still kills more people on the nation’s roads than anything else, including distracted driving.

"This violent, 100 percent preventable crime is on the rise, claiming nearly 11,000 lives in 2017 alone — a 9% increase from 2014," MADD said.

Currently, MADD added, New York is one of a handful of states that allows a person who drives with a BAC of .05% to .08% to be charged with a penalty — driving while ability impaired by alcohol. However, instead of being used to charge drivers with a .05 to .08 BAC, it is more widely used to plea down DWI charges, MADD said.

If passed, New York would become the second state to lower the BAC to .05%; the first was Utah.

Other states are considering bills to lower state DUI threshold from .08% to .05%, including California and Michigan; KSL.com said, adding that currently, Utah remains the only state with a .05 percent blood alcohol content threshold since the law went into effect Dec. 30, 2018.

“Part of the vision was we’re not just going to save lives in Utah, we’re going to end up saving lives in other states, too, because they will follow along with our example. Now we’re starting to see that happening, and it’s what I hoped to see,” Rep. Norm Thurston, R-Provo, said in the KSL.com post.

Countries including Argentina, Germany, France, Spain, Australia, and Turkey also have .05% BAC limits, according to BACtrack.com, the KSL.com post.

"There's a big difference in cognitive abilities between .08 and .05, and this bill could save lives,” New York State Sen. John Liu, a sponsor of New York’s bill, told KSL.com.

Some, however, feel the bill may face opposition where proposed: According to a post in the Enterprise-Record, an American Beverage Institute spokesman has said alcohol-industry trade organization advocates other initiatives to combat drunk driving, including increased enforcement of ignition interlock device “breathalyzer” requirements; in California, a breathalyzer requirement for some DUI offenders commenced on Jan. 1.

(Courtesy MADD/McMorris family)

With statistics indicating that an average of 1 alcohol-impaired driving fatality taking place every 50 minutes, the bill, which is headed to the New York Senate and Assembly to change the law from .08% to .05%, could save thousands of lives every year, the McMorris family said.

While both of Andrew's parents, Alisa and John McMorris, will speak at the event on Friday, they are proud that their daughter Arianna will also share the findings of her AP seminar research paper "on why New York State should change the BAC from .08% to .05%. We hope and pray that this bill gets passed in New York State and then, hopefully, all around the country. Drunk driving is a violent and preventable crime that claims too many lives. If the laws change, thousands of lives will be saved," John McMorris said.

(McMorris family)

He added: "We hope and pray this bill get gets through the New York State Legislature by the end of the session and saves thousands of lives nationwide. We do this in Andrew's honor and all those affected by drunk driving."

"We want this to have a catalyst effect nationwide in changing the legal BAC level from 0.8% to .05%," Arianna said. "New York State can join with others states in creating a nationwide change to drunk driving culture and social norms. This change will create a positive impact on Americans and save thousands of lives."

(McMorris family)

For Andrew's mother, the days since his death have been a kaleidoscope of pain, with photographs and memories a reminder, every second, of every minute, of every hour, of every day, of the loss that ripped the fabric of her family's life forever.

(Alisa McMorris on her last Mother's Day with Andrew. Courtesy McMorris family).

"My heart has been broken and our lives shattered by something that was 100% avoidable — with the help of those around us we learn how to step forward with our grief," Alisa said. "Today we step forward in supporting this common sense legislation. At times, the weight of grief is too heavy to carry alone and we are grateful to our dear friends and family for helping us during this difficult time. Now I want to ask for your support — in letting our legislature know we support this bill."

In addition, the McMorris family has kept the precious memory their son — who loved aviation, theater, Scouting and music — alive through the "Andrew McMorris Foundation," raising awareness about drunk driving.

The also continue to celebrate his love of flying: On this upcoming Memorial Day weekend, pilots in the 2019 Jones Beach Air Show will be given "Andrew bracelets; the hope is that Andrew can fly with them," Alisa said.

Friday's event comes before an upcoming June 11 court date for Thomas Murphy, 59, of Holbrook, who was charged in the fatal DWI crash that killed Andrew and arraigned in October on a 16-count indictment — including reports that the man had been drinking since 9 a.m. and had been offered a ride due to his level of intoxication, which he refused, according to Suffolk County District Attorney Tim Sini.

The McMorris family, as well as scores of friends and Scouts, have attended previous court dates, carrying Andrew's photo and speaking from their hearts about their rally for justice.

As she heads to New York City Friday, one photo resonates, and she will carry it with her to New York City as she gives her speech, Alisa said. The photo depicts a souvenir she and her son brought home from Andrew's 5th grade field trip to Philadelphia that reads, "A House Divided Against Itself Cannot Stand."

The words, Alisa said, have meaning, especially now. At the time, she said, Andrew asked her what the words meant. "We discussed how success comes when we stick together," she said.

(McMorris family)