Buffalo, N.Y. - State Senator Charles Fuschillo of Long Island wrote the legislation which brought New York's DWI blood alcohol level to point .08, but that was done under the threat of the state losing federal funding if it didn't.
Now the National Transportation Safety Board is recommending that states reduce the level to .05, but it's not known yet whether the federal government will implement the recommendation.
When 2 On Your Side's Scott Brown asked Fuschillo whether he'd support lowering the threshold he was non-committal.
Senator Fuschillo: "Whatever we can do to make our roads safer we need to take a serious look at."
Scott Brown: "Is that something you'd push for as head of the Transportation Committee?"
Senator Fuschillo: "Well I'm going to take a look. When they did it back in the early 2000s they were going to withhold federal highway funding for all states if you didn't go to .08. We're going to see what they're going to do now, but it's something I'll take a look at sure."
Scott Brown: "How much push back do you think you're going to get from bars and the alcohol industry about bringing down the level?"
Senator Fuschillo: "I've heard from some national restaurant associations and they think it (the new proposed level) was ludicrous. It's all about saving lives, it's all about what we as legislators can do to protect people when they're on the roadways, we're going to take a serious look at their recommendations."
Scott Brown: "When do you think you may have a decision?"
Senator Fuschillo: "Well I haven't even read the full report yet, it's hundreds of pages but we're going to deal with it, bring it up in the committee and get some feedback."