Skip to content
A3228Assembly2017-2018 Session

Suspend Licenses for Repeat DWIs

Official title

“Provides two year suspension of driver's license upon second DWI conviction and authorizes alternatives to restoration of such license”

Sponsor Thomas McKevittAD-17+7 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill increases the license revocation period for repeat DWI offenders and allows conditional licenses with strict conditions for restoration.

Why it matters

  1. Doubles the mandatory license revocation period for repeat DWI offenders. , increasing it from one year to two years for those convicted within ten years of a prior offense, meaning offenders will face stiffer consequences and a longer period off the road.

  2. Introduces a stricter and more conditional pathway for license restoration. , allowing the DMV commissioner to issue a conditional license instead of a full license after the revocation period, but only if specific conditions are met.

  3. Empowers the commissioner to impose additional requirements. on those seeking license restoration, such as ongoing participation in alcoholism or substance abuse counseling or treatment, making it harder for repeat offenders to regain full driving privileges without demonstrating rehabilitation.

  4. Limits the duration of conditional licenses to a maximum of one year. , after which the DMV may consider granting a regular license—this creates a probationary period, emphasizing ongoing oversight and accountability for repeat DWI offenders.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Suspend Licenses for Repeat DWIs

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Held for consideration in transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3228

2017-2018 Regular Sessions

IN ASSEMBLY

January 27, 2017

Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the suspension and restoration of a driver's license following a second or subsequent DWI conviction

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraph 3 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, is amended to read as follows:

(3) Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated; prior offense. [One year] Two years, where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article. Eighteen months, where the holder is convicted of a violation of subdivision two-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article; or where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two-a of section eleven hundred ninety-two of this article.

§ 2. Section 1196 of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows:

8. Restoration of license. Notwithstanding any inconsistent provision of this chapter, when restoring a license which has been revoked following a second or subsequent conviction of a violation of subdivision two,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04685-01-7

A. 3228 2

three, four or four-a of section eleven hundred ninety-two of this article or a finding of refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this article, which was committed within ten years of any such prior conviction or finding of chemical test refusal, the commissioner may, in lieu of issuing a driver's license pursuant to article nineteen of this chapter, issue a conditional driver's license as described in subdivision seven of this section. In addition to the conditions set forth in such subdivision, the commissioner may establish other reasonable conditions to the continued holding of such license, including, but not limited to, the holder's periodic demonstration that the holder is continuing to participate satisfactorily in alcoholism or substance abuse counseling or treatment. The provisions of paragraph (e) of subdivision seven of this section shall be applicable to any such license. The commissioner shall determine the period of validity of such license, which in no event shall be greater than one year, after which time the commissioner may issue the holder a license pursuant to article nineteen of this chapter.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.