Assembly to Give Final Passage to Most Comprehensive DWI Reforms in More Than a Decade

Additionally Assembly Passes Leaf-Woods Bill Punishing Repeat Offenders

Assembly Speaker Sheldon Silver and Assembly Transportation Committee Chair David Gantt today announced that the house is expected to give final legislative passage to the most significant DWI legislation in more than a decade. Joining in support of the legislation were Majority Leader Paul Tokasz and Assembly Codes Committee Chair Joseph Lentol, who are sponsors of the bill and long-time staunch advocates for cracking down on drunk driving.

The bill (A.11963), which tracks many provisions that have been part of the Assembly's Dangerous Drivers package for numerous years, will be sent to the governor for approval following Assembly action.

The Assembly also already passed legislation, sponsored by Assemblyman Bill Magnarelli, which would increase penalties for repeat drunk drivers who subsequently kill or seriously injure others while driving drunk or under the influence of alcohol or drugs. Another Magnarelli bill would ensure that prior out-of-state convictions for operating a motor vehicle while under the influence of alcohol or drugs will count as a prior conviction for the same action as if it had occurred in New York State, when determining penalties for a New York conviction.

"This major legislative accomplishment, which the Assembly has advocated for many years, is truly monumental. It provides increased penalties for those who insist on drinking and driving," said Silver (D-Manhattan). "By cracking down on this terrible threat to the safety of our roads and highways, we send the message that New York has no tolerance for those who consistently endanger the lives of the innocent."

"Our bill to toughen DWI penalties is a major step forward in protecting the public from those who drink and drive. The stiffer penalties are intended to keep the hard-core drinking drivers from getting behind the wheel, while the assessment and treatment provisions will address underlying alcohol or substance abuse problems that will help to head off drinking and driving incidents before they happen," said Gantt (D-Rochester).

"I have worked for many years on negotiating a comprehensive DWI reform bill in the Legislature, and this bill is a long overdue result of these efforts. In an era where we have taken to passing limited penalty increases in targeted bills named for those who have unfortunately lost their lives to a drunk driver, this legislation finally provides sweeping changes to the way we punish habitual drunk drivers. Passage of this bill will keep persistent repeat DWI offenders off of our roadways and curb the senseless loss of life due to drunk driving tragedies," Tokasz (D-Cheektowaga/Lancaster).

"Drunk or drugged drivers must face severe penalties to deter them from getting behind the wheel and putting our loved ones at risk. Those who get behind the wheel drunk or impaired by drugs show a callous disregard for human life. These laws give law enforcement and prosecutors another tool to combat and punish dangerous drivers," said Lentol (D-Brooklyn).

Under terms of the legislation, drivers with a blood alcohol concentration (BAC) of .18 percent or higher would be charged with the new crime of "aggravated DWI." Those convicted would face heightened fines and longer license revocation periods. Commercial drivers charged with aggravated DWI would face a more serious charge than motorists operating passenger vehicles. Additionally, school bus drivers would face up to seven years in prison instead of the current penalty of up to four years.

Other provisions of the bill would punish individuals who drive drunk or impaired by drugs and cause the death of, or serious physical injury to, other people. The bill would impose higher felony charges if the drunk or drug-impaired drivers also cause serious physical injury to, or the death of, more than one other person, or have prior convictions for DWI, DWAI or homicide or assault involving the use of a motor vehicle, or BAC levels of.18 percent or more. The bill also calls for the creation of a new offense, driving under the combined influence of alcohol and drugs.

The bill would subject drivers who persistently violate the drinking and driving laws to permanent revocation of their license. The bill's tougher penalties would double the loss of license period for those who refuse a chemical test from six months to a year on a first offense and from 12 months to 18 months for a subsequent offense.

The legislation also provides for mandatory alcohol and drug abuse assessment and treatment for appropriate offenders. By addressing and treating substance abuse problems, the bill should reduce the number of persons driving drunk or impaired by drugs, thereby improving road safety throughout New York, the legislators said.

Leaf-Woods Legislation

This legislation (A.10619), named in honor of two Central New York residents who died at the hands of repeat drunk drivers, passed the Assembly yesterday. Brandi Woods was a 15-year-old student from Memphis, New York, who was tragically killed on March 17, 2005 while delivering Girl Scout cookies. Bill Leaf, a 25-year-old reporter for Syracuse radio station WSYR, was killed by a drunk driver on January 8, 2006.

"This legislation honors the memory of two young Central New Yorkers who were killed by repeat drunk drivers," stated Magnarelli (D-Syracuse) "It's time that we help protect future generations from needless tragedies like the events that claimed the lives of Brandi Woods and Bill Leaf. We must enact measures to protect all New Yorkers by taking repeat drunk drivers off our streets. By stiffening the penalties, hopefully we can make people think twice before deciding to drink and drive."

The bill adds new subdivisions to the penal law for first degree vehicular assault, a class D felony that carries a penalty of up to 7 years in prison, and first degree vehicular manslaughter, a class C felony that carries a penalty of up to 15 years. The offender may be charged with the crimes if he or she injures or kills someone in an alcohol-or drug-related accident and has a prior DWI or drug-related conviction within the previous 10 years.

Magnarelli noted that the driver responsible for Woods' death struck a plea deal with prosecutors and received a sentence of only one to three years in state prison. The drunk driver that killed Bill Leaf had a history of driving while intoxicated.

The third bill (A.10369-A), also sponsored by Magnarelli, and passed by the house earlier this week, focuses on repeat offenders in New York who received prior out-of-state convictions for operating a motor vehicle while under the influence of alcohol or drugs. Under the bill's provisions, the prior out-of-state offenses of these drivers would be given the same weight as a prior New York offense when determining penalties.