Assembly Republican 'Roadmap'
aimed to curb drunk drivers

Assembly Republican Leader Charles H. Nesbitt and members of the Assembly Republican Conference proposed legislation that would build on New York's strides to protect citizens from drunk drivers by targeting those responsible for the majority of auto fatalities - "hardcore" drunk drivers and repeat offenders.

"Last year's adoption of the new, lower limits for DWI will certainly help to save lives, but we also have to look at the bigger picture," said Leader Nesbitt (R,C-Albion). "The average blood alcohol content of drunk drivers arrested in New York state is more than twice the new .08 percent limit. This complementary legislation is aimed at the drivers who routinely fall at the higher end of the BAC spectrum, as well as those who persist in this dangerous behavior despite prior run ins with the law."

The six-point Assembly Republican plan would create a new crime of "Aggravated Driving While Intoxicated" for drivers found to have a BAC of .18 or higher, a Class E felony for first-time offenders. Those with prior convictions could face a Class C felony, with prison terms up to 15 years.

Another provision would suspend the driver's license of repeat offenders to 30 months. Right now, suspensions are limited to one year.

According to the National Highway Transportation Safety Board, 41 percent of all traffic fatalities nationwide are alcohol-related. Research shows that "hardcore" drunk drivers - those arrested with a BAC of .15 or higher - are 385 times more likely than non-drinkers to be involved in a fatal accident. Also, fatally injured drivers with criminal BAC levels were seven times more likely to have had a prior DWI conviction than fatally injured drivers who were sober.