Relates to driving while intoxicated

8 Co-sponsors

• Joseph P. Addabbo Jr.
• John J. Bonacic
• John J. Flanagan
• William J. Larkin Jr.
• Michael F. Nozzolio
• Michael H. Ranzenhofer
• Diane J. Savino
• Toby Ann Stavisky

BILL NUMBER:S750

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to driving while intoxicated

Purpose

The purpose of this legislation is to make mandatory a period of incarceration for individuals who choose to again drive while under the influence after having been previously convicted of such a crime.

Summary of provisions

Section 1 tolls during periods of incarceration the clock on the ten year look back period for multiple driving under the influence convictions.

Section 2 amends Vehicle and Traffic Law section 1193 to impose mandatory jail time for individuals convicted of multiple driving under the influence offenses:

- 30 days - a conviction for violating subdivision two, three, four or four-a of section 1192 after having been convicted of violating subdivision two, two-a, three, four or four-a of section 1192 in the preceding ten years

- 90 days - a conviction for violating subdivision two, three, four or four-a of section 1192 after having been convicted two or more times of violating subdivision two, two-a, three, four or four-a of section 1192 in the preceding ten years.

- 180 days - a conviction for violating subdivision two-a of section 1192 after previously having been convicted of a violation of such subdivision in the past ten years.

- 1 year - a conviction for violating subdivision two-a of section 1192 after previously having been convicted two or more times for violation of such subdivision in the past ten years.

Section 3 amends the Penal Law to allow non-Penal Law felonies to be considered predicate felonies for the purpose of second time felony offender sentencing.

Section 4 contains the effective date.

Justification

DWI is a crime. It can be a deadly, violent crime. When a driver does not learn from the first conviction and gets convicted again, with no jail time, this only reinforces the myth that DWI is a social ill, not a crime. Research shows that approximately 21.6% of convicted drunk drivers in New York will be convicted again. Furthermore, research has shown that statewide there are 481 incidents of DWI to every one arrest.

Incarceration for repeat DWI offenders is presently an option for a judge, but there is no requirement that these drunk drivers have to

spend any time in jail. Under current law, drunk drivers convicted of two or more DWI offenses within ten years are guilty of a felony and face a fine and/or jail time. Those who commit these crimes within a five year period can face either additional jail time or community service. However, since jail time is not mandatory, judges can allow these individuals to escape incarceration and only face a fine or a combination of a fine and community service.

This legislation would require drunk drivers to serve a minimum of 30 days in jail for their second driving under the influence conviction in ten years, and a minimum of 90 days in jail if they are convicted of three or more driving under the influence offenses within ten years. Additionally, drivers convicted of their second aggravated DWI in ten years would face a mandatory 180 day sentence, and drivers convicted of three or more aggravated DWIs would face a 1 year mandatory sentence. In all cases, these sentences would be in addition to any other penalties imposed by the courts.

Legislative history

2011-2012: Passed the Senate (S.2597/A.5349)

Fiscal implications

None.

Effective date

First of November next succeeding the date which it shall have become law.