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History
- Referred to transportation
- Referred to transportation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the installation of an ignition interlock device in connection with a conviction for driving under the influence of alcohol or drugs
Purpose
To require the installation of ignition interlock devices on vehicles owned by individuals with two or more convictions for driving under the influence of alcohol or drugs.
Summary of provisions
Section 1 of the bill amends section 1193 of the vehicle and traffic law to require judges to order the installation of ignition interlock devices for an additional period of time as part of a sentence for any repeat offense with respect to driving under the influence of alcohol or other drugs. This change would mandate that any subsequent conviction for DWI, DWAI, or DWAI-drugs within a five year period of an initial conviction for any of the aforementioned offenses must result in the imposition of this continued measure on all vehicles owned by the offender for a prescribed period of time.
Read the full memo (611 words)
The duration of this restriction would vary based on whether the offense constitutes the individual's second conviction within 5 years, or whether the latest offense represents a third or greater violation within the specified period. Specifically, if the violation is the second offense within 5 years, the ignition interlock device would be installed throughout the period of license revocation and for at least an additional period of 6 months. For third or subsequent violations within the specified time frame, this restriction will remain in place for at least an additional period of one year following the period of license revocation.
In addition, this bill broadens sentencing possibilities for repeat DWI, DWAI, DWI-commercial, or DWAI-drug offenses by allowing judges to impose penalties such as a term of imprisonment of 5 days, or 30 days of community service for a second conviction within this category of offenses within a 5 year period. For third or subsequent convictions, judges may sentence offenders to a term of imprisonment of 10 days, or 60 days of community service.
This legislation also addresses repeat offenders who committed their first violation before the age of 21 by requiring the installation of ignition interlock devices for any subsequent conviction for driving under the influence of alcohol or drugs.
Justification
Current law requires that individuals with two or more offenses related to driving under the influence of alcohol or drugs must have an ignition interlock device installed on their vehicles. These devices prevent habitual offenders from starting their vehicles while intoxicated. However, current law only requires that these restraints remain in place while the offender's license is revoked. This bill would extend the duration of this restriction for at least an additional 6 or 12 months, providing the public with an extra safeguard against individuals who have demonstrated little regard for the lives and well being of their fellow citizens. Furthermore, the installation of the ignition interlock system would demonstrate the value of monitoring sobriety before operating a motor vehicle, to a group of individuals who have demonstrated a rate of recidivism by violating DWI laws multiple times. In addition, this bill recognizes the need to punish repeat offenders more severely by allowing judges to impose a sentence of 5 days imprisonment or 30 days of community service for a second offense, or a sentence of 10 days imprisonment or days of community service for a third or subsequent offense. LEGISLATIVE HISTORY : S.6152A of 2004; Passed Senate S.2281 of 2005-2006; Passed Senate. S.506 of 2007-2008; Referred to Senate Transportation Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.