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Proposal Calls For Graduated Driver�s Licenses, .08 BAC & Crackdown on Repeat DWI Offenders
Wednesday, January 23, 2002
State Senate Majority Leader Joseph L. Bruno and members of the Senate Majority today proposed sweeping highway safety measures that would add New York to the growing list of states that require "graduated driver�s licenses" as a means of improving highway safety and reducing accidents and fatalities involving teenage drivers. In addition, the Senate plan would reduce to .08 the state�s legal limit for blood alcohol to be charged with DWI, and include a sweeping crackdown on drunk drivers, in particular, getting repeat drunk drivers off the road.
"In the past two decades, New York has made tremendous strides in improving the safety of our roads," Senator Bruno said. "Taken together, these measures will do even more to rid our highways of the scourge of drunk driving, and help ensure that young drivers gain the experience they need to avoid accidents and save lives. These measures can help make our roads safer and save lives and I urge the Assembly to join us in embracing these common sense proposals now before another family is forced to suffer."
GRADUATED DRIVER�S LICENSES
According to the National Highway Traffic Safety Administration (NHTSA), teenage drivers are four times more likely to die in a car crash compared to drivers ages 25 to 69. Motor vehicle crashes are the number one killer of American teenagers because they lack driving experience and tend to take greater risks behind the wheel. Graduated driver licensing (GDL) is a system that is effective in reducing young driver crash fatalities. It is designed to introduce young drivers to the driving experience gradually, by phasing in full driving privileges over time and in lower-risk settings.
"This plan would save lives," said Senator Owen H. Johnson (R-C, Bablyon), who noted that other states that have implemented graduated licensing have seen dramatic reductions in accidents and fatalities among young drivers. "Having advocated for enactment of a graduated licensing law in New York since 1998, I am excited about the prospect of seeing it finally become a reality. It would be the most sweeping change in how we train and license young drivers in New York State."
"Just a few weeks ago in Columbia County, a 17 year driver hit a tree in a crash that police say involved speeding and alcohol," Senator Bruno said. "The crash killed another teenager and critically injured another. Unfortunately, tragedies like this one are happening all over the state and we must act to address the problem to help teenagers become safer drivers and prevent future tragedies."
Under current law, a 16 year old can get a permit, pass a course and receive a junior license in a matter of days. Under the provisions of the Senate proposal, a 16 year old can get a learner�s permit holder and must hold it for a minimum of six months and meet certain driver training requirements before becoming eligible to take their road test to earn a junior license. The measure would allow exceptions under certain circumstances for demonstrated hardships.
A junior license would become a full, unrestricted license after at least 1 year, or when the holder turns 18. An unrestricted license can be obtained at age 17 � upon successful completion of a driver�s education course.
In addition to the driver experience requirements, the measure would also place restrictions on the number of teenagers in a vehicle operated by a permit holder or junior licensee without adult supervision and it would impose a 60-day suspension of a junior license or learner�s permit when the holder violates certain provisions of the Vehicle and Traffic Law, such as speeding, reckless driving, driving while under the influence of alcohol, or upon the second conviction of any other law relating to traffic.
TEEN CRASH FACTS (according to the NHTSA, 2000)
> Based on estimated miles traveled annually, teen drivers age 16-19 have a fatality rate four times the rate of drivers age 25-69. (NHTSA, 2001)
> Sixty-three percent (63%) of teenage passenger deaths take place when another teen is driving the vehicle. (Insurance Institute for Highway Safety, IIHS, 2001)
> Forty-three percent (43%) of fatal crashes involving teenagers occur at night (between the hours of 9:00 p.m. and 6:00 a.m.). (IIHS, 2001)
> thirty-six percent of fatal crashes involving a 16 year old occurred with three or more passengers;
> 43 states have enacted Graduated Drivers License requirements and have experienced dramatic decreases in auto accidents and fatalities involving teenagers.
> In Michigan, crashes involving 16 year olds fell 25%; nighttime accidents dropped 50% and accidents with injuries or fatalities decreased 24%.
> In North Carolina, fatal accidents involving teenagers dropped 57%; minor accidents decreased 23% and nighttime crashes were fell 43%.
.08 BLOOD ALCOHOL LEVEL FOR DWI
This legislation would reduce the minimum blood alcohol level (BAC) to be charged with DWI from .10 to .08 to help deter people from even having a few drinks and getting behind the wheel.
"New York State has made significant strides in combating DWI," Senator Charles Fuschillo (R-C Merrick), sponsor of the legislation said. "Today�s initiative takes another giant leap forward by enacting a .08 BAC limit as well as targeting repeat offenders. I wish to applaud Mothers Against Drunk Driving who have taken the lead in the fight for .08 as an effort to continue the trend of reducing the number of alcohol-related deaths and injuries in our state and to make our roads and highways safer from those who drink and drive. According to MADD statistics, this legislation would help save approximately forty lives a year throughout the state."
.08 BAC STATISTICS
> According to the National Highway Transportation Administration, lowering the BAC limit can reduce fatal crashes by up to 18 percent;
> 31 states have adopted .08;
> An average size man would reach .08 BAC after drinking four beers in one hour.
If the Assembly fails to act on this bill, New York faces the loss of millions of dollars each year in federal highway and transportation funding under a recent federal mandate requiring all states to adopt the .08 percent BAC limit by October 1, 2003.
TOUGHER SENTENCES FOR REPEAT DWI OFFENDERS
According to the National Highway Transportation Administration, one in every three drivers charged with driving while intoxicated has a previous DWI within the prior ten years. This bill would establish tougher penalties against repeat drunk drivers, as well as creating new crimes to update state laws to crack down on people who drink, drive and kill.
"Every year thousands of people are killed or injured in DWI related traffic accidents, making it the most dangerous problem on our nation�s roads," Senator Patricia McGee (R-C, Franklinville), Chairperson of the Senate Committee on Alcohol and Substance Abuse, said. "The Senate Majority continues to be the leader in trying to prevent DWI across the state. This measure will build upon previous efforts and help save lives, we urge the Assembly to pass this important legislation."
"One out of three drunk drivers has a previous DWI conviction," Senator Bruno said. "Our laws allow drunk drivers to get back behind the wheel too easily and we have to enact stronger penalties and more safeguards to protect the lives of innocent drivers."
The bill includes several provisions that would increase criminal penalties, including mandatory jail terms or community service for DWI repeat offenders:
> 5 days jail or 30 hours community service for a DWI conviction with one prior DWI conviction within 5 years;
> 10 days jail or 60 hours community service for a DWI conviction with 2 or more prior DWI convictions within 5 years;
The bill would more than double the minimum fines for repeat DWI offenders from $1,000 to $2,500 for two DWIs within five years, and from $2,000 to $5,000 for three DWIs within ten years.
As part of sentencing, DWI repeat offenders must undergo an alcohol or drug dependency assessment. In addition, they will either have their automobile registration revoked or an ignition interlock device installed on their automobile. This choice would be at the discretion of the sentencing judge.
"Under our current laws, it�s possible for a drunk driver to be convicted of numerous DWIs in a ten year period and still receive only a minimum fine and no jail time," Senator Bruno said. "That is wrong and it must be changed. I hope the Assembly will change their position and pass this bill so we can get repeat drunk drivers off the road."
In addition, the bill strengthens and broadens Vehicular Assault in the 1st degree and Vehicular Manslaughter in the 1st degree by: adding the additional elements of causing serious physical injury or death; considering similar convictions of a substantial nature that occurred in other states and considering if a person has been convicted multiple times within the prior 10 years of any combination of any alcohol and drug driving offenses
In addition, the bill would:
> Strengthen Vehicular Assault 2nd and Vehicular Manslaughter 2nd by eliminating the need to prove criminal negligence by the defendant when their ability is impaired by alcohol or drugs (includes autos, snowmobiles, vessels and all-terrain vehicles) and
> Raise the crime of Unlawfully Dealing with a Child 1st from a Class A Misdemeanor to a Class E felony when a person purchases or causes alcohol to be given or sold to a person under the age of twenty-one 3 times or more within a 5 year period.
NEW CRIMES FOR DRUNK DRIVERS
The legislation would also establish new crimes for serial drunk drivers and drivers with very high blood alcohol levels including:
> Aggravated Driving While Intoxicated, a Class E Felony, when a person is convicted of DWI with a BAC of .20 or more. The average BAC of a driver charged with DWI is .17. The mandatory license revocation period would be increased from six months to one year for the first offense and fines range from $500-$5,000.
> Aggravated Vehicular Assault, a Class C Felony, whereby a person recklessly causes the serious physical injury of another while driving while intoxicated or under the influence of drugs.
> Driving While Impaired by the Combined Effects of Alcohol and Drugs, which recognizes that a combination of these two substances can result in a substantial impairment to a person�s ability to drive.
> Evasion of a Police Officer by a Motor Vehicle Operator, a Class A Misdemeanor, becomes a Class E Felony if a police officer or bystander(s) are injured. The police officer must however, be operating an authorized emergency vehicle marked with police decals and have activated the vehicle�s emergency lights and siren.
> Vehicular Murder, a Class B Felony, whereby a person recklessly causes the death of another while driving while intoxicated by alcohol or under the influence of drugs.
In addition the bill would:
> Ensure that all motor vehicle operators who refuse to take a chemical test are treated the same concerning the mandatory requirement that their license be suspended and then revoked; and strengthening existing crimes and creating new crimes:
> Permit prosecutors to more easily obtain the medical records of drivers involved in accidents where the use of drugs or alcohol are suspected.
The Senate plans on acting on these measures next week.
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