Increases penalties for criminal convictions of drunk or drugged driving where a child, under the age of 17, is a passenger

Title of bill

An act to amend the vehicle and traffic law, in relation to additional penalties for certain drunk driving convictions

Purpose

This legislation increases the penalties for criminal convictions of drunk or drugged driving where a child, under the age of 17, is a passenger.

Summary of provisions

Section 1: amends subdivision 1 of section 1193 of the Vehicle and Traffic Law by adding a new paragraph (g) that increases the penalties, in addition to the current penalties, for driving intoxicated with a child in the vehicle. The additional penalties for a person convicted of drunk driving with a child under the age of 17 in the vehicle are: for the first such offense, an additional fine of between $200 and $500 or an additional 48 consecutive hours of imprisonment, or by both such additional fine and imprisonment; for a second offense, an additional fine between $400 and $1,000 or an additional 10 days of imprisonment, or by both such additional fine and imprisonment; for any subsequent offense, an additional fine between $1,000 and $5,000 or an additional term of imprisonment between 30 and 90 days, or by both such additional fine and imprisonment.

Section 2: establishes the effective date.

Justification

According to the National Highway Traffic Safety Administration, more than 12,000 children under the age of 14 died in alcohol-related traffic accidents between 1994 and 2000. In 64% of those deaths, the child was riding with the drunk driver. Since 1990, traffic fatalities involving alcohol have declined 25%, however, the percentage of child passenger deaths has not decreased significantly. According to a recent study from the University of North Carolina, the percentage of alcohol involvement for child fatalities has actually increased. The study noted that drunk drivers who had children in the vehicle at the time of their offenses were more likely to have previous drunk driving convictions or prior driver license suspensions and were less likely to buckle up their children.

Since the early 1990s, at least twenty-seven states have passed laws to expand protection for children and punish those drunk drivers who put them at risk. Drunk drivers who endanger children should find themselves facing higher fines and longer terms of imprisonment. This legislation is modeled after similar legislation in California that has proven to be extremely effective in keeping children safe from drunk drivers.

Children under the age of 17 are typically unable to stop a driver who is intoxicated from sitting behind the wheel. In order to enhance the protection of children, these drunk drivers should face more stringent penalties and terms of imprisonment. Drunk driving with children in the car is reckless and, by most standards, constitutes as neglect or even abuse.

Legislative history

2005-2006: S.2272 - Passed Senate; 2003-2004: S.4420-A - Passed Senate; 2007 Passed Senate; 2008 - Transportation

Fiscal implications

None.

Effective date

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