Increases penalties for repeat driving while ability impaired conviction committed within the preceding ten years or for a fourth conviction for a similar offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6307
SPONSOR: Gabryszak (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to increasing penalties for certain alcohol related driving
convictions
PURPOSE OR GENERAL IDEA OF THE BILL: Creates a new Class E felony when
a person is convicted of a fourth violation of Driving While Ability
Impaired under vehicle and traffic law section 1192, subdivision one.
SUMMARY OF PROVISIONS: Section one amends section 1193 of the vehicle
and traffic law to provide that a conviction of Driving While Ability
Impaired (DWAI) under section 1192 subdivision one, after three prior
offenses under section 1192 within 10 years is a Class E felony offense
and is punishable by a fine of $1,000 to $5,000 and/or imprisonment from
1 to 3 years minimum. The bill also amends section 1193 of the vehicle
and traffic law by adding DWAI as a misdemeanor or DWAI as a felony to
the list of felony offenses as depicted in this list of sanctions.
JUSTIFICATION: Under current law, section 1193(1) (c), imposes a felo-
ny offense for a second conviction of DWI or DWAI-drugs. This legis-
lation would create a new felony offense for the conviction of DWAI
after three prior convictions for offenses under section 1192 of the
vehicle and traffic law as well as a mandatory one year's driver's
license suspension, Driving while under the influence of alcohol or
drugs can lead to serious injuries or death of not only the drivers but
also passengers, pedestrians and occupants of other motor vehicles. The
potential serious consequences of such action dictate that the law must
reflect that multiple offenses are unacceptable. Therefore, this legis-
lation seeks to create a new felony offense far DWAI after three prior
convictions for DWAI.
PRIOR LEGISLATIVE HISTORY:
1997: S.405 -- Passed Senate;
1998 S.405 - Senate Alcoholism and Drug Abuse Committee;
1999 & 2000: S.4613 -- Passed Senate
S.1897 of 2001 and 2002; Passed Senate
S.729B of 2003/2004; Passed Senate
S.203 of 2005 and 2006; Passed Senate
S.43 of 2007; Passed Senate.
S.43-A of 2008; Passed Senate
2009/10; A.867 - Referred to Transportation
2011-2012; A.2410
FISCAL IMPLICATION: None.
EFFECTIVE DATE: November 1st next succeeding the date on which it
shall have become law.
