Relates to operating a motor vehicle while under the influence of alcohol or drugs with a child passenger; repealer

Justification

While all persons who drive while intoxicated pose a danger to others, the person who knowingly chooses to drive drunk with children in the car has made a conscious decision to put those children at risk of harm or death. An adult can take steps to avoid riding with a drunk or impaired driver. But a child may not have that choice, particularly when the driver is a parent or guardian.

Currently a first DWI offense is no more than a misdemeanor and may even be treated as a traffic infraction. This bill would require that person whose ability is impaired to any extent would be charged with a class E felony if a child is a passenger in the car. A conviction for a class E felony carries the very real possibility of imprisonment which may serve to deter a person from driving while impaired with a child in the car. This bill will be an additional tool for law enforcement and prosecutors to combat the problem of drunk driving. A person caught on a first DWI offense with a child passenger will be identified as a serious offender. License suspensions coupled with the stigma of a felony arrest may serve as a wake-up call and prevent a subsequent occurrence potentially averting the needless death of a child.

Additionally, current law punishes a drunk driver who causes the death of only one person as a class D felony and who causes serious physical injury to only one person a class E felony. This bill would raise that offense to a class B or C violent felony if the person killed or injured is a child who is a passenger in the drunk driver's vehicle.

More than 20 years ago the State of New York embarked on an ambitious pilot program to introduce the new technology of ignition interlock devices for the purpose of keeping repeat drunk drivers off of our streets. Since then the law has evolved, been improved and as of 2007, made prominent. While overall rates of Driving While Intoxicated (DWI have decreased in the last 20 to 30 years, the last decade has seen a stagnation in continuing reductions.

According to a number of statistical surveys, including the National Highway Safety Board, the New York State Police, Stop-DWI New York and the New York District Attorney's Association, the frequency of high blood alcohol content (BAC) arrests has increased in recent years. This precipitated the 2006 enactment of Aggravated Driving While Intoxicated (.18 BAC and over) Law and enactment in 2007 of the Aggravated Vehicular Homicide/Assault Law. These statistics indicate that along with an increase in high BAC arrests there has been a corresponding increase in recidivism amongst this group.

While the current law does provide for ignition interlock for anyone convicted of Aggravated Driving While Intoxicated so long as they have been given probation as a term of their sentencing it does not cover all possible offenders and leaves a population of probable re-offenders unobserved. The State of New Mexico mandates participation in an ignition interlock program by everyone convicted of DWI. A 2008 study conducted by the National Highway Safety Transportation Administration and the Pacific Institute of Research and Analysis found that recidivism rates for DWI in that state had dropped by 60 percent since the program was established. If enacted in New York, the ignition interlock law would provide judges, prosecutors, law enforcement, parole-and correction officials with an alternative tool to deter and monitor a potentially dangerous population by providing for mandatory ignition interlock and probation for everyone convicted of Driving While Intoxicated. The legislation also provides for a funding mechanism which would charge any person convicted of a drug or alcohol related offense a $50.00 surcharge which would be dedicated to the Ignition Interlock Fund maintained by the Division of Probation and Correction Alternative and shall provide for continued and future support to include updating of equipment and hiring of more probationary staff.

Legislative history

New bill.

Fiscal implications

Not determined.

Effective date

This bill would be effective 90 days after enactment.