New Yorkers Could Soon Face Even More Severe DUI Laws

March 25, 2014

Many adults who live in New York City enjoy unwinding with a drink or two after a hard day or long week. Most New Yorkers also know that it's incredibly important to be careful when doing so, since the penalties for being caught drinking and driving are very steep. Unfortunately, based on Governor Andrew Cuomo's recent State of the State address, it appears that the consequences may soon become even more severe for those drivers who make a misjudgment and wind up facing DUI charges.

Overview Of Proposed New Changes

New York laws on driving under the influence are already harsh, with permanent license loss a possibility for people with several DUI convictions. In early January, as reported by New York Daily News, Governor Cuomo proposed making the following changes to DUI law:
- People arrested twice in three years would face a five-year license suspension.
- People with three DUI arrests would lose their licenses permanently.
- This "three strikes" policy would apply to convictions throughout a driver's lifetime, rather than over a limited time period.

If made law, these changes could affect a substantial number of drivers in New York. Although advocates of harsher laws portray them as changes that would primarily affect persistent and highly intoxicated drivers, these laws could also have a significant impact on drivers who are generally responsible but make isolated mistakes.

Potential Effects Of Harsher Laws

Interest groups like Mothers Against Drunk Driving often suggest that people who receive DUIs are habitual drunk drivers who do not necessarily learn from their mistakes or feel deterred by penalties such as license suspension. For instance, MADD estimates that the average first-time DUI offender has driven drunk at least 80 times prior to the arrest, and that about a third of drivers arrested for DUI are repeat offenders.

However, despite these averages and statistics, there are still numerous people who drink responsibly and occasionally drive with legal blood-alcohol levels before one day making an error in judgment and being arrested for DUI. A harsher law could have significant effects on people who are at a high risk of inadvertently driving intoxicated, such as women and people with lower body weights.

People with prior records could also face serious consequences that they could not have anticipated when they initially received their convictions. Under the new law, someone charged twice with DUI in the past -- even if the charges occurred years or decades ago -- would now have to be extremely careful about driving even the morning after a night of drinking, with lifetime license loss on the table.

Even if Governor Cuomo's most recent proposals do not become law, New Yorkers still face severe DUI penalties, which is why avoiding driving even when minimally intoxicated is the safest course of action. Unfortunately, mistakes do happen. If you have been charged with DUI in New York, make sure to speak with an attorney who can advise you on the current laws and on your best means of fighting the charges.

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