Requires certain first-time alcohol and drug offenders to participate in an alcohol and drug rehabilitation program operated under the auspices of the department of transportation

4 Co-sponsors

• Liz Krueger
• George Onorato
• Kevin S. Parker
• John L. Sampson

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring participation in an alcohol and drug rehabilitation program for certain first offenders

Purpose

This bill requires that first time drunk driving offenders participate in an education and/or rehabilitation program monitored by the Department of Motor Vehicles (DMV).

Summary of provisions

Under the provisions of this bill, where the court imposes a sentence for a violation of section eleven hundred ninety-two of this article, the court shall require the defendant, as part or condition of such sentence, to attend an alcohol and drug rehabilitation program pursuant to section eleven hundred ninety-two of this article.

Justification

Auto Accidents are the leading cause of injuries and deaths in society today and driving under the influence accounts for half of these fatalities. Currently, the alcohol and drug-related penalties include fines (anywhere from $300 to $1,000 first offense), possible jail time (15 days to one year) and loss of license (from 90 days to six months first offense). A motorist is not mandated to participate in an education and/or rehabilitation program unless the judge includes this as part of the sentence. Although some judges do sentence first offenders to an educational program, many motorists do nothing more than pay their fines, surrender their license and "sit out" the license suspension or revocation period. This often leads to some motorists driving without a license and never enrolling in any type of education program.

All first offenders should be required to enroll in an educational and/or rehabilitation program. These educational programs are already in place and are monitored by the Department of Motor Vehicles and would eventually save lives by providing traffic safety education, alcohol/drug awareness and the resources needed in changing attitudes and inappropriate behavior. In fact, many other states including New Jersey, Pennsylvania, Connecticut and Michigan mandate first offenders to an educational program. Requiring mandatory enrollment in these education programs will reduce the number of deaths, injuries and personal loss of property and provide participants a positive opportunity to receive help in avoiding drunk driving in the future.

Legislative history

1998 - A.6410 - Referred to Transportation 2000 - A.5317 - Referred to Transportation 2002 - A.2223 - Referred to Transportation 2004 - A.3211 - Referred to Transportation 2006 - S.3297 - Referred to Transportation 2008 - S.2234 - Referred to Transportation

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.