PATERSON BASHES BOOZERS

Governor David A. Paterson today proposed legislation that would enhance penalties for repeat driving while intoxicated (DWI) offenders - the latest in a series of measures initiated by the Governor to deter and punish drunken driving. "Drunken drivers in this State cause about 9,000 accidents and kill approximately 400 people annually," Governor Paterson said. "The tragic fact is most of the injuries, fatalities and property damage caused by drunken drivers is preventable. We in government must recommit ourselves to end these senseless tragedies. The legislation which I signed into law last year, and the legislation I am proposing today, will save lives and I urge the Legislature to act promptly." 

The Governor's proposal increases the mandatory sentence for an individual convicted of a second DWI offense within 10 years from five to 30 days imprisonment and increases the penalty that must be imposed on an individual convicted of three or more DWI offenses in 10 years from 10 to 90 days incarceration. This proposal is part of a wide-ranging bill to further strengthen New York's DWI laws. 

The Governor's bill also eliminates the necessity for a court order before a blood sample can be taken from a person arrested for a DWI offense that caused injury or death. Currently a court order is required before blood can be taken from an individual arrested for a DWI-related personal injury or fatal accident which results in a delay in obtaining a blood sample during which time blood alcohol content, which could be crucial evidence, may disappear from the bloodstream. The Governor's proposal would authorize a police officer or district attorney to direct an individual to submit to a chemical test when an allegedly intoxicated driver has caused an accident resulting in a serious physical injury or death thereby preserving the evidence. The court's approval for the test would be sought after the evidence was collected. 

In addition, the Governor's legislation expands the definition of intoxication to cover substances such as glues, paints and aerosols. Current law allows an individual to be charged with driving while intoxicated or impaired only if he or she has ingested alcohol or drugs, including prescription drugs. It does not cover "huffing," or the abuse of inhalants and other substances that are not technically drugs or alcohol. Governor Paterson's proposal allows DWI prosecutions where the driver has consumed or ingested a substance or combination of substances which impairs the ability of the individual to operate a vehicle in a reasonable and prudent manner. 

This legislation will build on "Leandra's Law," which made it a felony to drive drunk with a child in the car and, as of August 15, will require anyone convicted of a misdemeanor or felony DWI, even first-time offenders, to install an ignition interlock device on their vehicle. 

Ignition interlock systems, which will be mandated for every DWI offender, require a driver to exhale into a device that measures blood alcohol concentration before a vehicle can be started. If the driver's blood alcohol concentration is above an established threshold, the engine will not start. These devices have been proven effective, as currently only 10 percent of people on court ordered interlocks attempt to drink and drive or interfere with the proper operation of the interlock so these devices drastically improve road safety. 

Governor Paterson's proposed legislation would further strengthen the law that takes effect this summer:

• While a DWI offender would be in violation of the law if he or she tampered with a mandatory interlock, there is currently no penalty for a corrupt installer. Governor Paterson's bill makes it a crime to install an interlock in a manner that allows the device to be bypassed.
• The Governor's legislation clarifies that an ignition interlock is mandatory in youthful offender cases. This provision serves both as a public safety measure and a tool to assist in the youth's rehabilitation. Current law does not require an interlock when a person under the age of 19 commits a drunken driving offense and is adjudicated as a youthful offender

In addition to increasing mandatory penalties for repeat drunken drivers, Governor Paterson's bill lowers the threshold blood alcohol level for driving while intoxicated and driving while ability impaired when the driver is operating a school bus and enacts a "zero-tolerance" policy for school bus drivers who drive while impaired. 

Under existing law, a school bus driver must have a blood alcohol concentration of .05 percent or higher to be considered impaired and a person convicted of a DWI offense while driving a school bus is only barred from driving a school bus for five years. Governor Paterson's bill lowers the blood alcohol concentration to .02 percent and permanently disqualifies a person from driving a school bus if he or she is convicted of driving a school bus while impaired. 

"When parents put their children on the bus, they must be confident that the driver is sober and competent," Governor Paterson added. "Driving a school bus after consuming alcohol shows such astonishingly poor judgment that the individual clearly cannot be entrusted, ever again, with the lives of New York's school children."