|
|
 |
|
|
|
Senator Bruno spoke with reporters on the DWI legislation earlier this month. |
Senate�s Action Goes Beyond Minimum Federal Requirement
Wednesday, December 18, 2002
The New York State Senate passed a comprehensive package of legislation that will crack down on drunk drivers by reducing the state�s legal limit for blood alcohol content (BAC) to be charged with DWI to .08 and increasing criminal penalties against repeat drunk drivers and drivers with very high blood alcohol levels.
In addition, the approved chapter amendments to both the .08 and repeat offender bills that would move the effective dates of the measures to March 1, 2003 and would close loopholes in the law that hinder law enforcement efforts to combat DWI and that enable some drunk drivers to avoid prosecution and punishment.
"The Assembly bills that we approved today that relate to .08 and increasing penalties on repeat drunk drivers, meet the minimum standards required by the federal government, but simply doing the minimum isn�t enough," Senate Majority Leader Joseph L. Bruno said. "The Senate�s chapter amendments would address concerns raised about the Assembly bills by moving up the effective dates to prevent the further loss of federal aid, and would close loopholes that tie the hands of law enforcement and enable drunk drivers to quickly get back behind the wheel of a car. If the Assembly really wants to do everything possible to make our DWI laws strong and effective they should pass our chapter amendments."
"The Senate�s passage of .08 and increased penalties for repeat DWI offenders sends the strongest message yet in the state�s ongoing battle to save lives by removing drunk drivers from our roads," Senator Charles Fuschillo (R-C, Merrick) said. "New .08 and repeat offender laws would make drivers think twice before getting behind the wheel knowing that they can be hit with hard penalties if they choose to drink and drive in New York State."
The Senate plans approved the following legislation:
.08 BLOOD ALCOHOL LEVEL FOR DWI (S.7868, Sen. Fuschillo)
This legislation would reduce the minimum blood alcohol level (BAC) to be charged with DWI from .10 to .08 to help deter people from drinking and driving.
According to the National Highway Transportation Administration, lowering the BAC limit could reduce fatal crashes by up to 18 percent and save lives. Thirty-one states have adopted the .08 standard.
CHAPTER AMENDMENT TO .08 BILL (S.7879, Sen. Fuschillo)
CHANGE EFFECTIVE DATE: The chapter amendment to S.7868 would make the effective date of the bill March 1, 2003. The federal government requires that the .08 law be certified by July 15, 2003 and be effective by September 30, 2003. Failure to meet the deadline would result in a loss of $15 million in federal highway assistance next year. If the effective date is not moved up, the .08 legislation would not take effect until November 1, 2003 and would not meet the deadline set by the federal government for enacting the .08 standard.
In addition, if the time frame established by the Senate legislation is approved, New York State would be eligible to receive an estimated $7 million in federal incentive grants for enactment of the .08 standard. New York has already lost an estimated $36 million in federal incentive grants because of the delay in enacting the .08 law.
ALLOW LAW ENFORCEMENT TO OBTAIN BAC EVIDENCE: Current law authorizes hospital personnel to withdraw blood from an arrested person at the direction of a police officer in connection with a DWI investigation. However, some hospitals require waiver or consent forms to be signed by the suspected drunk driver before withdrawal of blood. Refusal to give consent can deny law enforcement critical BAC evidence and enable drunk drivers to avoid prosecution. The chapter amendment would enable police to obtain the blood test without consent.
In addition, the amendment would enable law enforcement to obtain, through a subpoena, a motorists� BAC level when he or she is tested for diagnostic and/or treatment purposes following a traffic accident. Some courts have held that these tests, often the only reliable indicator of a persons� BAC at or near the time of the crash, cannot be obtained by subpoena. The bill makes clear that blood alcohol results may be obtained by a subpoena for use at trial, grand jury or an administrative hearing tribunal, thereby enhancing the successful prosecution of certain DWI cases.
ELIMINATE BREATH TEST REFUSAL LOOPHOLE: Under current law, drivers who refuse to take a breath test when requested by a police officer have their license revoked for six months. However, if a driver refuses the test, and the officer is able to get a judge to order a blood test for alcohol content, the person�s drivers license is not automatically revoked.
Not only does this loophole work against the officer who takes the extra effort to get a court mandated blood test, it rewards drivers who refuse to take a breath test by allowing them to keep their license. Refusing the test may force an officer to get a court to order a blood test and it creates a significant delay between the time a driver is stopped and when the court-ordered blood test is
administered. During that time a person�s BAC will decrease. This could enable a drunk driver with a borderline BAC level to evade punishment, especially when the BAC level for DWI is decreased to .08. The Senate�s chapter amendment would close this loophole by mandating the automatic license revocation for everyone who refuses a breath test.
CHANGE DWAI LAWS: The Senate chapter amendment would make technical changes to the Driving While Ability Impaired Statute (DWAI) to make it easier to prosecute drivers who are arrested with less than .08 BAC.
The chapter amendment also closes several loopholes in the DWI law and addresses concerns raised by the State Police.
UPDATE & CLARIFY DEFINITION OF BLOOD ALCHOL LEVELS: The chapter amendment would eliminate antiquated references in the law to urine and saliva tests and would put into law the scientific conversion measurements used to convert the results of breath tests into blood alcohol levels.
Existing law requires police officers to convert the breath alcohol measurement into a blood alcohol measurement when determining the BAC of a driver who is suspected of being intoxicated or impaired. This conversion process is necessary because current law measures intoxication only in terms of blood and not breath. This burdensome conversion process is often successfully challenged by defendants who are charged with DWI, allowing drunk drivers to escape conviction.
Current law also authorizes chemical testing of urine or saliva to determine a driver�s BAC, methods that are outdated and have become obsolete.
TOUGHER SENTENCES FOR REPEAT DWI OFFENDERS (S.7874, Sen. Maziarz)
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 increase penalties against repeat drunk drivers to meet the minimum standards established by the Federal government:
> 5 days jail or 30 days community service for a DWI conviction with one prior DWI conviction within 5 years;
> 10 days jail or 60 days community service for a DWI conviction with 2 or more prior DWI convictions within 5 years;
The bill also would require the installation of approved ignition interlock devices on each motor vehicle owned by DWI offenders during any period of license revocation.
"More than 300 people we killed by drunk drivers in New York State last year," Senator George D. Maziarz (R-C, Tonawanda) said. "Repeat offenders are a major part of the problem, which is why we must increase penalties against people who don�t learn their lesson the first time. This bill, and the chapter amendment, would significantly strengthen New York�s DWI laws to deter drunk drivers from getting behind the wheel and take away their license for longer periods of time to keep them off the road."
These measures would meet the miminum sentencing requirements for repeat drunk drivers mandated by the federal government and would prevent the further loss of federal highway construction aid. New York�s delay in passing increased minimum penalties for repeat drunk drivers has already caused the state to lose $22.6 million in federal highway construction aid which were transferred to be used for highway safety programs.
CHAPTER AMENDMENT TO REPEAT OFFENDER BILL (S.7875, Sen. Maziarz)
LONGER LICENSE REVOCATION: New York State law requires that a person�s license be revoked for one year for drivers with more than one DWI in a ten year period. This chapter amendment would increase the period of revocation for repeat offenders from 1 year to 2 years for drivers convicted of one prior DWI violation and from one year to four years for drivers with two or more prior DWI convictions in ten years.
CHANGE EFFECTIVE DATE: The chapter amendment to A.8775 would move the effective date of the bill from September 30, 2003 to March 1, 2003. These new penalties should be made effective as soon as possible to save more lives. The Assembly bill would not take effect until November 1, 2003.
CREATE THE CRIME OF AGGRAVATED DWI FOR VERY HIGH BAC LEVELS (S.7876, Sen. Wright)
This bill would create the new crime of Aggravated DWI, 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 would range from $500-$5,000.
"A person who gets behind the wheel of a car with a significantly high blood alcohol level is endangering the lives of everyone on the road," Senator James Wright (R-C-I, Watertown) said. "By creating the crime of Aggravated DWI, a driver with a BAC of .20 or more would be charged with a felony even if it is the first time they are being arrested for DWI."
STRONGER DWI LAWS /INCREASED FINES FOR REPEAT OFFENDERS (S.7877, Sen. McGee)
The Senate also approved legislation that would more than double fines imposed on repeat drunk drivers, increase other criminal penalties and establish new crimes that target drunk drivers who injure or kill others.
"Every year thousands of people are killed or injured in DWI related traffic accidents, making it the one of the most dangerous problems on our nation�s roads," Senator Patricia K. McGee (R-C, Franklinville) said. "One-third of all drivers convicted of DWI or DWAI have been found to have had a previous DWI conviction. This measure would build upon the Senate Majority�s previous efforts to help save lives and help prevent repeat offenders from causing further tragedy. We urge the Assembly to pass this important legislation."
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.
> 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
> Strengthen and broaden Vehicular Assault in the 1st degree and Vehicular Manslaughter in the 1st degree by: adding these additional elements: considering when a person has recklessly caused 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.
> Create the crime of 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.
> Create the crime of 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.
> 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.
> 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.
> Create the crime of 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.
The .08 (S.7886) and repeat offender (S.7874) bills will be sent to the Governor for his consideration for signing into law. The other bills have been sent to the Assembly.
####
[BIOGRAPHY] [DISTRICT MAP] [PHOTO GALLERY] [LEGISLATION] [CONSTITUENT SERVICES] [YOUR OPINION COUNTS] [GUESTBOOK] [PRIVACY POLICY] [SENATE INSIDER] [CONTACT INFO] [HOME/NEWS]