Expands application of additional penalties for repeat driving while intoxicated offenses to vehicular drug related offenses

7 Co-sponsors

• James S. Alesi
• John J. Bonacic
• John J. Flanagan
• Martin J. Golden
• Andrew J. Lanza
• Kenneth P. LaValle
• Stephen M. Saland

BILL NUMBER:S165

Title of bill

An act to amend the vehicle and traffic law, in relation to repeat convictions of alcohol and drug-related offenses

Purpose

Increase the penalties for repeat driving while intoxicated.

Summary of provisions

This bill increases the period of revocation for repeat offenders from one year to two years for drivers convicted of one prior DWI violation, and from one year to four years for drivers with two or more prior DWI convictions within ten years. The bill also adds DWAI-Drugs and commercial DWI to the list of offenses which can receive these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted of either offense within the previous five years, be sentenced to either a minimum five day prison term of imprisonment or any person convicted of DWAI-Drugs and commercial DWI to the list of offenses which carry these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted on two or more occasions within the previous five years, be sentenced to either a minimum ten day prison term of imprisonment or 80 days of community service.

Justification

Federal law requires additional penalties only for multiple convictions within a 5 year period, but does not reduce additional periods of license revocation. However, New York State law presently requires that a person's license be revoked for one year where he or she is convicted of driving while intoxicated or driving while ability impaired by drugs where such person has a prior conviction for one of these offenses within the preceding 10 years. In order to be consistent with the increase in penalties for repeat offenders, there should also be an increase in the period of revocation for repeat offenders. Accordingly, this bill would increase from 1 year to 2 years the period of license revocation for persons convicted of one prior violation of such offenses, For persons with two or more prior convictions the period of revocation is increased from one year to four years, It is also important to make sure that those individuals convicted of driving while ability impaired drugs, or commercial DWI are also punished to the same extent of the law as those individuals who are convicted of DWI.

Legislative history

S.692A; Passed Senate S.4987-13 of 2003/2004; Passed Senate S.45 of 2007; Passed Senate S.45-A of 2008; Passed Senate S.1050 of 2009/2010; Referred to Transportation

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that section two of this act shall take effect on the first march next succeeding the date on which it shall have become a law.