Anelli Xavier’s Managing Partner Thomas Anelli Discusses the National Transportation Safety Board’s Proposed Reduction in Blood Alcohol Content to Charge DWI

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Thomas Anelli, Founder and Managing Partner of Anelli Xavier, a DWI Defense Firm, discusses the NTSB proposal to lower BAC standards to 0.05.

With a nationwide reputation as one of the nation’s finest DWI defense attorneys, Thomas Anelli has built the Anelli Xavier practice into the premier DWI defense firm in New York State. In fact, Anelli has devoted several years to crafting a firm that practices solely in the area of DWI defense. The firm has taken on the full range of drinking and driving cases throughout New York State. These cases range from defending those charged with DWI for the first-time to the defense of complex cases involving serious injury and death. In all of these cases, Anelli has worked tirelessly to assemble a team that knows every facet of DWI defense intimately.

The National Transportation Safety Board (“NTSB”) recently recommended that the legal limit for charging a motorist with drinking and driving be lowered to a blood alcohol content (“BAC”) of 0.05 or one-half of one percent. For the past decade, the standard has been 0.08 or eight-tenths of one percent. The NTSB offers, as the rationale for this recommendation, that a reduced standard will save lives by reducing the number of highway deaths linked to impaired driving. In an interview granted shortly after the NTSB released its recommendation, Anelli reacted from his Syracuse office.

While Anelli applauds those who genuinely seek safer roadways, he questions the motivation of some. “To be frank,” Anelli says, “lowering the BAC at which a person can be charged will result in more arrests merely because it expands the group of people who can be arrested. There is no proof that this will deter motorists in any way or that it will prevent even a single highway fatality or injury. The offense of DWI has become a political lightning rod and it has become a source of income for municipalities and the state alike. To suggest that these were not also considerations in this recommendation is unrealistic.”

All proposals, no matter how well-meaning, should be carefully examined to see if they actually assist in reaching their stated result before they become legislation and, eventually, law.”
Does Anelli expect this new standard to become law? “I don’t,” Anelli answers.

Will this revised standard affect Anelli’s practice? “In one way, no,” says Anelli. “We will continue to practice the way we have – devoting our firm’s practice, personnel, and resources to representing persons accused of drinking and driving offenses to the best of our ability throughout New York State.” Anelli stops for a second to ponder his next response. “In another way, yes,” he admits. “It will increase the number of people seeking our services. When a person can have two drinks at a holiday party and face a criminal record for the rest of his or her life, that person is going to want the best, most informed, most aggressive defense available. This is what we do, no matter what number is used to define intoxication.”

If you are charged with a DWI in New York State, visit our website. Our team of highly motivated, well-trained attorneys knows that not everyone who is charged with DWI is guilty.

About Anelli Xavier
Anelli Xavier limits its practice to DWI defense and the defense of serious alcohol related vehicular charges. The firm represents clients through New York, including Buffalo DWI charges and Syracuse DWI charges.

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Sean Kelsey