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Governor Spitzer Signs Bill to Improve New York's Anti-drunk Driving Efforts


New Law Will Strengthen and Expand the "Ignition Interlock Device" Program

Governor Eliot Spitzer today announced that he has signed into law legislation designed to help prevent recurring acts of drunk driving. This new law, which was the result of a joint effort by the Department of Motor Vehicles (DMV) and the Division of Probation and Correctional Alternatives (DPCA), will increase the judicial use of ignition interlock devices, which prevent vehicles from being started when the driver's breath indicates alcohol consumption.

“It is our duty to ensure the safety of our roads and to protect every New Yorker from the dangers of drunk driving,” said Governor Spitzer. “This law will help prevent incidents of repeat drunk driving, which sadly occur far too often.”

The legislation's Senate sponsor, Senator Charles J. Fuschillo, Jr., said: “Expanding New York’s ignition interlock program gives judges another tool for managing particularly difficult DWI criminals who choose to continue to drink and drive and put the general public in danger.”

The legislation's Assembly sponsor, Assemblyman David Gantt said: “This legislation, which expands to statewide application the Ignition Interlock Program, demonstrates how serious this state is about getting drunk drivers off our roads. This is a proven approach that will make our roads safer.”

DPCA Director Robert Maccarone said: “This important new law will standardize probation practices throughout the state and ensure that probation officers are better equipped with new tools and technologies to monitor persons under their supervision who have been convicted of alcohol-related driving crimes. It will improve traffic and public safety and promote offender accountability.”

DMV Commissioner David J. Swarts said: “This new law is critical for giving judges throughout the state the option of ordering ignition interlock as a condition of probation when sentencing DWI offenders, with specific conditions attached to the use of the device and specific restrictions imposed upon those offenders. In addition, because all counties now will fall under a uniform interlock program, it will be far easier for the DMV to administer the program and will help in our efforts to reduce recidivist drunk driving across the state.”

The bill will make several improvements to the current anti-drunk driving system by:

  • Requiring ignition interlock devices to be used on any vehicle owned or operated by an offender
  • Closing a loophole which had allowed offenders to use business vehicles for personal use with the consent of their employers
  • Allowing judges throughout the state to restrict certain offenders from driving as a probation condition unless they have received a “post-revocation conditional license,” which allows driving under specified narrow purposes, like driving to work or to alcohol counseling
  • Expanding the classes of appropriate health professionals licensed by the State Education Department who may conduct screening and assessment evaluations for those charged with alcohol-related driving offenses
  • Requiring the Office of Alcoholism and Substance Abuse Services to provide the Chief Administrator of the Office of Court Administration and the DMV with an expanded list of names of alcohol and substance abuse professionals who provide assessment and treatment for alcohol and substance abuse and dependency 

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  Did You Know?
 

While there is no “safe” amount of alcohol for drivers, most people can drink moderately and drive legally when the illegal per se limit is set at .08 BAC.

For Example:

A 170-pound male typically would have to consume more than four drinks in one hour on an empty stomach to reach a BAC of .08.

A 135-pound female typically would have to consume three drinks in the same time frame.


 


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