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Senator proposes closing DWI loophole

Sen. James Skoufis wants to add a new deterrent to the state’s driving while intoxicated laws.

Skoufis, D-Cornwall, has introduced legislation (S.6189) that would change state law to ban those convicted of driving while intoxicated incidents in which there was personal injury to be re-licensed.

“Operating a motor vehicle in New York is a privilege and a responsibility,” Skoufis wrote in his legislative justification. “Those that would disregard this responsibility by driving intoxicated not once, but twice, should not be eligible for the privilege of re-licensing as a matter of public safety for all New Yorkers. By closing the loopholes in current state law that allow New York’s most dangerous drivers back onto the road, we will decrease the accidents, injuries, and deaths that result from intoxicated driving.”

It’s not immediately clear how many drivers would be affected by Skoufis’ proposal.

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According to the National Highway Traffic Safety Administration, 28% of drivers in fatal crashes involved repeat DWI offenders with a blood-alcohol content of .08 to .14 percent while 72% involved a repeat offender with a blood-alcohol content of .15% or higher. Statistics for non-fatal crashes involving repeat DWI offenders aren’t available.

Regulations that took effect in 2012 place a two-year driver’s license ban on drivers with three or four alcohol/drugged driving convictions or incidents within a 25-year period as long as those drivers don’t have a serious driving offense and their prior alcohol/drugged driving convictions weren’t the cause of their driver’s license revocation. Their eventual re-licensing comes with a problem driver restriction, according to the state Motor Vehicles Department. A serious driving offense is a fatal accident, a driving-related penal law conviction, a conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.

Drivers who have three or four alcohol/drugged-driving related convictions or incidents within a 25-year period and whose license revocation resulted from their alcohol or drugged driving incident face a five-year re-licensing ban. When they can receive a license it comes with a problem driver restriction and five years’ use of an ignition interlock device.

Drivers with three or four alcohol/drugged-driving-related convictions or incidents within the preceding 25 years, with a serious driving offense, will be permanently denied a driver license unless there are unusual, extenuating, and compelling circumstances. Applicants with five or more alcohol/drugged-driving-related convictions or incidents on their lifetime driving record will be permanently denied a driver license unless there are unusual, extenuating, and compelling circumstances.

Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program and will be required to submit proof of rehabilitation.

Starting at $3.50/week.

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