Relates to revocation of drivers' licenses and registrations for driving while intoxicated convictions

BILL NUMBER:S2807

Title of bill

An act to amend the vehicle and traffic law, in relation to revocation of drivers' licenses and registrations for driving while intoxicated convictions

Purpose

To establish a system to prevent repeat offenders of the driving while intoxicated laws from continuing to operate their vehicles by linking the revocation of drivers' licenses for three such convictions with that of the vehicle registration.

Summary of provisions

Section 1 of this bill amends subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the Vehicle and Traffic Law to remove the references to certain time frames for multiple convictions that would make an individual subject to license revocation.

Section 2 of this bill adds a new subdivision 5-b to section 401 of the Vehicle and Traffic Law establishing the revocation and denial of vehicle registration based on the suspension or revocation of a driver's license.

Section 3 of this bill adds a new subdivision 3 to section 1193 of the Vehicle and Traffic Law by establishing registration sanctions including the surrender of number plates upon the third conviction of any subdivision of section 1192 of the Vehicle and Traffic Law related to driving while intoxicated.

Section 4 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Current law deals with license revocation but does not provide for these certain instances being removed and does not deal with these specific sanctions.

Justification

Drunk driving is the most frequently committed crime in the United States. About every 30 minutes, someone is killed in an alcohol-related crash. More than 350 people are killed in New York State each year as a result of drunk driving.

According to the National Highway Safety Institute, repeat offenders account for a large portion of the drunk driving problem. One-third of all driving while intoxicated (DWI) arrests each year involve people who have been convicted previously of DWI.

The Institute estimates that license suspension or revocation reduces alcohol fatalities by about 6.5 percent because even though many

people with suspended licenses continue to drive, they generally drive less often.

In an attempt to further reduce crashes and fatalities committed by repeat offenders and hardcore drinkers who drive with high blood alcohol concentrations (often one in the same) some states have looked at different types of sanctions. For example, California implemented a process of vehicle impoundment which has resulted in substantially fewer offenses including convictions and crashes committed by repeat offenders.

Currently, in New York State Law there are no provisions that directly tie vehicle registration to licensing sanctions. This measure would require the surrender of license plates by those convicted of driving while intoxicated three or more times regardless of when they occurred. By denying repeat offenders with suspended licenses the ability to continue driving illegally, this legislation will reduce crashes, lower insurance costs, and save lives.

Legislative history

2014: S.7175 - Referred to Transportation 2012: S.4036 - Referred to Transportation / A.6878 - Referred to Transportation 2011: S.4036 - Passed the Senate / A.6878 - Referred to 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.