SENATE PASSES NEW LEGISLATION TO STOP DRUNK DRIVERS

Senator Bruno was joined by Barbara Consalvo of Mount Sinai (Suffolk County), whose 19 year old daughter Danielle was killed by a serial drunk driver in 1996.

Measure Includes .08 BAC level, Tougher Penalties for Repeat DWI Offenders

Tuesday, June 12, 2001

The New York State Senate today passed a comprehensive new bill that would toughen the state�s laws to combat the problem of Driving While Intoxicated by lowering the legal Blood Alcohol Content level for DWI from .10 to .08 percent and by strengthening criminal penalties for repeat drunk drivers to keep them off the road.

"Drunk drivers pose a terrible threat on our roads," Senator Bruno said. "Their irresponsibility puts the lives of innocent people at risk and causes serious injuries and tragic loss of life. The most serious threat comes from repeat drunk drivers who are involved in more than one-third of fatal, alcohol related crashes. These people do not learn from past mistakes and continue to drink, drive and put people�s lives in jeopardy.

"Our proposal is the most effective way to make our roads safe from drunk drivers because it would address both ends of the spectrum by lowering the BAC level to discourage anyone from drinking and driving and raising criminal penalties for repeat offenders who continue to ignore the law so they are kept off the road," Senator Bruno said. "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. That is wrong and it must be changed."

"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, today�s legislation would help save approximately forty lives a year throughout the state."

"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 latest measure will build upon previous efforts and help save lives, we urge the Assembly to pass this important legislation."

"The horrific crash that caused the death of my daughter illustrates the need to make New York�s laws much stronger to ensure that drunk drivers are severely punished and kept off the roads," said Barbara Consalvo of Mount Sinai (Suffolk County), whose 19 year old daughter Danielle was killed by a serial drunk driver in 1996. "This Senate�s proposal would help prevent tragic crashes like that from happening again."

"Lowering the legal BAC to .08 will deter even casual drinkers from getting behind the wheel, but it would not necessarily keep serial drunk drivers from jeopardizing the lives of others," said Jason Kippen, Rensselaer County STOP-DWI Coordinator. "The Senate legislation recognizes that it is imperative that we keep serial drunk drivers off our roads by creating significantly stiffer penalties."

Lowering the BAC level to .08 will bring New York State in compliance with the federal Transportation Equity Act for the 21st Century (TEA-21) which mandated that states implement a .08% BAC law by October 1, 2003 or lose federal transportation funds.


TOUGHER SENTENCES FOR REPEAT DWI OFFENDERS

The bill (S.5476) 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 and 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.

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.

> Raise minimum fines and time periods for license suspensions and revocations for DWI Repeat Offenders.


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.

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