Relates to driving while intoxicated and the installation of ignition interlock devices

Summary

Section 1 makes clear that youthful offenders are subject to the current interlock requirements for DWI offenders; makes clear that the interlock restriction for DWI offenders not only requires the installation and maintenance, but also prohibits driving a vehicle without an interlock or with a BAC above the device set point; makes clear that a vehicle owned/operated for the purposes of interlock installation includes titled and/or registered vehicles; under certain circumstances permits an interlock to be installed in the vehicle operated by the offender at the time of the offense; permits an offender to install an interlock prior to sentencing, after a plea agreement has been reached; provides that if an offender does not install an interlock for good cause, the interlock restriction shall remain for whole of the probation or condi- tional discharge period; requires an offender who for good cause cannot install in interlock to wear a transdermal alcohol monitoring device for at least the same six month period; provides that no conditional license shall be granted nor license restored until offenders provide DMV a form demonstrating compliance with the interlock/transderrnal monitoring conditions of sentence

Section 2 makes conforming amendments to OPCA's recommendation responsi- bilities to DCJS.

Section 3 makes conforming amendments to VTL 1198 (Installation and operation of interlock devices); cleans up duplicative conditional license provisions; provides that no conditional license shall be grant- ed (or shall be revoked if granted) if a person is charged with driving with a suspended/revoked license, a DUI or driving without and inter- lock; sets forth on-record procedure for arraignments; sets forth on-re- cord procedure for good cause exemption to interlock installation

Section 4 provides that persons permitted to drive an employer vehicle without interlock shall carry with them when driving such vehicle a form indicating their ability to drive without an interlock only within the course and scope of their employment

Section 5 makes conforming amendments to section 259-c of the Executive Law; makes clear that the requirement that certain offenders install an interlock as a condition of parole shall run concurrently with a consec- utive period of probation or conditional discharge

Section 6 makes conforming changes to section 60.36 of the Penal Law (authorized dispositions; driving while intoxicated offenses)

Section 7 makes conforming changes to section 6021 of the Penal Law (authorized dispositions; living while intoxicated or aggravated driving while intoxicated)

Section 8 requires DMV to impose an interlock restriction notwithstand- ing the fact that a court improperly fails to impose such restriction as a condition of sentencing

Section 9 creates a new subdivision 8-a to VTL 510 (Suspension, revoca- tion and reissuance of licenses and registrations) which authorizes DMV to remove any suspension/revocation/condition only upon proof of compli- ance with all conditions of sentencing

Section 10 provides that an interlock restriction shall be removed from an offenders record in the same manner as license revocations

Section 11 creates a new paragraph in under subdivision 4-a of the section 1192 of the VTL to distinguish alcohol and drug offenses

Section 12 makes conforming amendments to section 65.10 of the penal law

Section 13 eliminates 20 day stays of license suspension for DUI offen- ders

Section 14 adds VTL crimes to those which require fingerprinting

Section 15 makes conforming amendments to VTL 1196

Section 16 makes conforming amendments to VTL 1198; makes clear that a failed start-up test, failed rolling re-test, etc. may be a separate DUI crime

Section 17 makes clear that driving under the influence with a condi- tional license is aggravated unlicensed operation of a motor vehicle in the second degree

Section 18 provides the effective date

Justification

This bill is the result of what has been an ongoing dialogue with various stakeholders (victim's rights groups, district attorney's offices, executive agencies, etc.) on how best to deal with impaired drivers and how best to effectuate the purposes of Chapter 496 of 2009.

Chapter 496 of 2009, commonly known as Leandra's Law, was intended to create strict penal ties for impaired drivers operating motor vehicles with minors present in the vehicle. Additionally, Leandra's Law insti- tuted a new and more comprehensive ignition interlock requirement for

impaired drivers. However, in the time since the law took effect, a number of issues have arisen in implementation.

While the law requires all criminal DWI offenders to install ignition interlock devices, the actual installation rate has been reported at less than one third. This bill takes a number of steps -providing incen- tives, penalties and alternatives - to increase the compliance rate. As an example, it is clear that many offenders are selling or transferring ownership of their vehicles in order to avoid installation of an inter- lock device, to address this issue, this bill would require any offender who cannot or chooses not to install an interlock device to wear a transdermal alcohol monitoring device. This device would then serve the similar purpose of ensuring the offender's responsibility with regard to alcohol consumption, and provide an alternative when an offender cannot or will not install an interlock.

Another issue this bill addresses is the granting of conditional driving privileges. As stated, currently, many offenders are avoiding interlock installation by attesting in court to the fact they do not own a vehicle and will not operate a vehicle. However, after the interlock restriction period expires, these same offenders are applying for and being granted a conditional license. This bill would prevent such offenders from being issued a conditional license or having their license privileges restored until they have either complied with the interlock or transdermal moni- toring requirements.

Additionally, this bill makes a number of other technical and procedural changes to the statute such as: ensuring that youthful offenders too are subject to interlock requirements; making clear that an offender is not only required to install an interlock device but is prohibited from driving without one; allowing an offender to install an interlock prior to sentencing in the case of a plea agreement to encourage installation; setting forth a procedure to prevent persons charged with subsequent DWIs, driving with a suspended license or without and interlock from receiving a conditional license; requiring DMV to impose an interlock restriction where a court mistaken':y fails to do so at sentencing; fingerprinting for vehicle and traffic law misdemeanors to allow parole and probation to be aware of subsequent DWIs, driving with a suspended license and other crimes relative to an offender's parole or probation.

The aim of this bill is to make certain that the intent of Leandra's Law - keeping impaired drivers off the streets and assuring that DWI offen- ders demonstrate responsibility before the return of their driving priv- ileges - is fully realized. The numerous changes to the law proposed in this bill serve to comprehensively address issues - some glaring, others technical - that have surfaced in the two years since Leandra's Law has been in effect. This bill is a necessary therefore to properly implement the New York's stated public policy on impaired driving.

Legislative history

2012: Passed the Senate (S. 6636/A. 9544)

Effective date

Takes effect on the 90th day