New York Acts To Take Repeat DWI Offenders Off The Road

November 22, 2012

New York acts to take repeat DWI offenders off the road

New York is getting tougher on drunk drivers. Under a new administrative policy announced in September 2012, the New York Department of Motor Vehicles will not issue or renew a driver's license for a person who has incurred five or more DWI convictions throughout a lifetime.

Stricter rules will apply to license reinstatement

The policy also denies a driver's license to anyone with three or more DWI convictions over a 25-year period plus another serious motor vehicle offense. When a driver with three or more convictions does not have another serious offense on record, the DMV can impose other restrictions, such as limits on driving hours.

Even with fewer repeat DWIs, the new policy is more stringent. Under the previous rules, a repeat DWI offender who received a license suspension or revocation of less than a year could recover his or her driver's license in only seven weeks by taking a remedial education course. Those repeat DWI offenders who will not lose their licenses permanently under the new policy will no longer be able to take a short cut to getting their licenses back, but instead will have to wait out the full suspension.

Advocates applaud the change

A New York legislator who co-sponsored a bill with more comprehensive effects, which failed to pass, called the new policy a good first step toward identifying "serial dangerous drivers" and getting them off the road. He wants to extend permanent license revocation to risky drivers even when no DWI offense is involved.

Similarly, Mothers Against Drunk Driving expressed approval. A MADD spokesperson was especially appreciative of the use of an administrative action to institute more punitive measures against repeat drunk drivers.

More changes in store?

MADD wants to move the reforms even further by enforcing the use of ignition interlock devices more consistently and effectively. Everyone convicted of DWI in New York is now required to use an ignition interlock device for six months or more. These devices are breath analyzers linked to a car's ignition system that will not allow a vehicle to start if they detect alcohol on the driver's breath.

Unfortunately, less than one-third of people convicted of DWI in New York comply with the ignition interlock requirement. Some offenders never install the devices and wait out the suspension period. Others take their names off their car titles and deed their vehicles to friends, who then allow the convicted DWI offenders to drive them with no ignition interlock device.

Compensating innocent victims

New York legislators are working to close the loopholes in the ignition interlock law. Meanwhile, anyone who is injured by a drunk driver can find an ally in an experienced personal injury attorney. To hold drunk drivers accountable for the harm they cause, attorneys can help injured persons sue to recover costs for medical care and other expenses.

Article provided by Lozner & Mastropietro
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