Requires persons convicted of driving while intoxicated who are injured as a result and medically transported to a hospital to pay for same before license reissuance

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring persons convicted of driving while intoxicated who are injured as a result of such offense and who are medically transported to a hospital to pay for such transport and other pre-hospital medical bills before their license to drive can be reissued to them

Purpose

The intent of this bill is to ensure that EMS providers are financially compensated for transport services that they perform for individuals who are injured as a result of committing a DWI offense.

Summary of provisions

Section 1. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law is amended by adding a new subparagraph 4 which states that no person who has been convicted of committing a DWI offense which has resulted in the transport of such person by ambulance or helicopter can have their license restored or renewed until they have submitted proof of payment for such transport and any other pre-hospital medical expenses.

Section 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by section 8 of chapter 732 of the laws of 2006, is amended by stating the same.

Section 3. Sets the effective date.

Existing law

Existing law makes no such provisions.

Justification

In 1996 there were 7,048 DWI related accidents in New York State which resulted in 10,050 injuries and 320 deaths. Continuous efforts by the New York State Legislature to create stricter DWI laws have worked to significantly lower the incidence of DWI offenses in our state. However, drunk drivers continue to wreak havoc on our communities. The numbers of accidents, injuries, and fatalities that are the result of alcohol induced recklessness are still too great.

Everyday emergency medical service providers place their lives on the line in an effort to protect the health and safety of their communities. Often, those who injure themselves while driving intoxicated require transport by ambulance or helicopter, and recurrently these offenders do not pay EMS for the cost of transport. These brave and hard working individuals deserve to be compensated for their services, especially in cases where individuals have recklessly injured themselves and others by committing a DWI offense.

Emergency transport services provide lifesaving assistance, transporting critically ill or injured adults and children regardless of their ability to pay for such services. Many insurance companies do not pay for emergency medical transport services, and of those that do, the full cost of transport is generally not covered. Additionally, many New Yorkers have no medical insurance. As a result, loss of revenue for emergency transport providers is substantial.

Receipt of payment is essential in maintaining EMS services. Lack of payment jeopardizes the existence of these much needed services. We must not allow drunk drivers to further threaten our safety by refusing to pay for EMS services.

This legislation takes a hard stance with DWI offenders, and sends the message that New York State does not tolerate drunk drivers. It continues this legislature's tradition of using tough methods to combat this life threatening problem. It is one more step in the fight to end the senseless injury and death that is too often the result of driving under the influence of alcohol.

Legislative history

2005-2006: S.2274 - Transportation; 2003-2004: S.42-A Rules (Alcoholism and Drug Abuse); 2007-2008 - Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect on the first day of September 1, 2010.