What's happening
This bill requires anyone convicted of driving under the influence in New York to complete a state-licensed drinking driver program.
Why it matters
Mandates completion of a state-licensed drinking driver program. for anyone convicted of driving under the influence, making this a universal sentencing condition and removing judicial discretion—potentially increasing consistency and accountability in DUI sentencing.
Requires that the program be taught by credentialed substance abuse professionals. licensed by the Office of Alcoholism and Substance Abuse Services, ensuring participants receive education and evaluation from qualified experts, which may improve the effectiveness of intervention.
Defendants must pay the program fee themselves. , which could create financial burdens for some, but may also reinforce personal responsibility and reduce costs to taxpayers.
Includes an evaluation component as part of the program. , meaning every convicted individual will be assessed for substance abuse issues, potentially leading to earlier identification and referral to further treatment if necessary—this could have broader public health and safety implications.
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Who cares
Headline styles
Mandatory Drunk Driving Classes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4859
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sens. DIAZ, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1193 of the vehicle and traffic law is amended by adding a new paragraph (h) to read as follows:
(h) Where the court imposes a sentence for any violation of section eleven hundred ninety-two or section eleven hundred ninety-two-a of this article, the court shall require the defendant, as a condition of such sentence, to complete a drinking driver program licensed by the office of alcoholism and substance abuse services and taught by a substance abuse professional who is credentialed by the office of alcoholism and substance abuse services pursuant to section 19.07 of the mental hygiene law, and receive an evaluation conducted by the substance abuse professional teaching the program. The fee for attending such program shall be paid by the defendant.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07205-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to requiring any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence
Purpose of bill
To ensure that a person convicted of driving a motor vehicle while under the influence of alcohol or drugs is mandated as a condition of his or her sentence to participate in the Drinking Driver Program and receive an evaluation conducted by an addiction professional from an Office of Alcoholism and Substance Abuse Services licensed program and require that the offender pay the cost of the program.
Summary of specific provisions
Section 1. Amends the Vehicle and Traffic Law, Section 1193 (1), adds a new paragraph (h). Requires a defendant to complete a drinking driver program, where the court imposes a sentence for any violation of section eleven hundred ninety-two or section eleven hundred ninety-two-a of this article. Provides that such program shall be licensed by the Office of Alcoholism and Substance Abuse Services and taught by a substance abuse professional that is credentialed by such Office. Requires the defendant to receive an evaluation by the professional teaching the program. Requires the defendant to pay the fee for attending such program.
Section 2. Effective Date
Existing law
Vehicle and Traffic Law; Article 31 - Alcohol and Drug Related Offenses and Procedures Applicable Thereto; Section 1193 - Sanctions
Justification
Due to the continued, unnecessarily high number of DWI convictions throughout the City and State of New York, and because under the current system many convicted offenders choose not to participate in the Drinking Driver Program, it is necessary to mandate that those convicted of DWI participate, get evaluated by licensed programs and pay the cost of completing the program. The inability of authorities to assure that an individual who is arrested and convicted of a drunk driving offense does not get out on the road again under the influence of alcohol is a significant failure of our State laws and criminal justice system to control drunk driving. This bill will do much to remedy this failure.
Legislative history
2106: S.238 - REFERRED TO TRANSPORTATION 2105: S.238 - REFERRED TO TRANSPORTATION 2014: S.144 - Referred to Transportation 2013: S.144 - Referred to Transportation 2012: S.634- Referred to Alcoholism and Drug Abuse 2011: S.634 - Notice of Committee Consideration Requested, Discharged from Transportation, Committed to Alcoholism and Drug Abuse 2009-10: S.3121 - Referred to Transportation/A.8809 - Referred to Transportation 2007-08: S.770 - Referred to Transportation 2005-06: S.818 - Referred to Transportation 2004: S.4363 - Referred to Alcoholism and Substance Abuse 2003: S.4363 - Reported, Committed to Rules
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.