Increases the criminal penalties and fines for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and further increases penalties for aggravated unlicensed operation of a vehicle in the first and second degrees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1616
SPONSOR: Gantt (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to increasing the criminal penalties for driving while ability
impaired and driving while intoxicated or while ability impaired by
drugs and increasing the penalties for aggravated unlicensed operation
of a vehicle in the first and second degrees
PURPOSE OF BILL: This bill proposes a new schedule of fines for alco-
hol-related traffic offenses as set forth in the Vehicle & Traffic Law.
SUMMARY OF PROVISIONS: Amends the fines set forth in sections 1193 and
511 of the Vehicle & Traffic Law as follows:
OFFENSE CURRENT FINES PROPOSED FINES
§ 1192.1 Driving While Impaired
(DWAI) first offense $300-$500 $500-$750
§1192.1 DWAI w/second §1192 offense
w/in 5 yrs $500-$750 $750-$1,000
§ 1192.1 DWAI w/third § 1192 offense
w/in 10 yrs $750-$1,500 $1,000-$1,500
§1192.2 & §1192.3 Driving While Intoxicated
and §1192.4 Driving While Ability Impaired by
Drugs (DWI) first offense $500-$1,000 $750-$1,500
§1192.2/.3/.4 DWI w/prior conviction for DWI,
vehicular assault or vehicular manslaughter
w/in 10 yrs $1,000-$5,000 $1,500-$5,000
§1192.2/.3/.4 DWI w/two prior convictions for
DWI, vehicular assault and/or vehicular
manslaughter w/in 10 yrs $2,000-$10,000 $2,500-$10,000
§1192.1/.2/.3/.4 DWAI or DWI operating a
taxicab, livery or a non-commercial truck
(18,000-26,000 lbs) $500-$1,500 $1,000-$2,500
§1192.1 DWAI operating a school bus with at least one
passenger $500-$1,500 $1,000-$2,500
§1192.5 (BAC .04-07) CDL driver operating a commercial
vehicle $300-$500 $500-$750
§1192.1/.2/.3/.4 CDL driver operating a
commercial vehicle $500-$1,500 $1,000-$2,500
§1192.6 (BAC .07-.10) CDL driver operating
a commercial vehicle first offense $500-$1,500 $1,000-$2,500
§1192.6 (BAC .07-10) CDL driver operating a
commercial vehicle w/second § 1192.1/.2/.3/.4/.6
offense w/in 5 yrs $500-$1,500 $2,000-$5,000
§1192.1 DWAI operating a 18,000+ lb vehicle
containing flammable gas,
radioactive materials or explosives $500-$1,500 $2,000-$5,000
§1192.1/.2/.3/.4 DWAI or DWI operating a
taxicab, livery, non-commercial
truck; or commercial vehicle; or DWAI
operating a school bus; or a vehicle containing
flammable gas, radioactive materials or explosives
w/second same offense w/in 10 yrs $1,000-$5,000 $2,500-$10,000
§1192.6 (BAC .07-.10) CDL driver operating
a commercial vehicle w/two
prior misdemeanor §1192.1/.2/.3/.4/.6
convictions w/in 5 yrs $1,000-$5,000 $3,500-$10,000
§1192.1/.2/.3/.4 DWAI or DWI operating
a taxicab, livery, non-commercial truck; or commercial
vehicle; or DWAI operating a school bus; or a vehicle
containing flammable gas, radioactive materials
or explosives w/two prior same
offense w/in 10 yrs $2,000-$l0,000 $5,000-$10,000
§1192.6 (BAC .07-.10) CDL driver operating
a commercial vehicle w/three
prior misdemeanor §1192.1/.2/.3/.4/.6
convictions w/in 5 yrs $2,000-$10,000 $5,000-$10,000
§1192.2/.3/.4 DWI operating a school
bus with at least one passenger $1,000-$5,000 $2,500-$10,000
§1192.2/.3/.4 DWI operating a 18,000+ lb
vehicle containing flammable gas,
radioactive materials or explosives $1,000- $2,500-$10,000
§511.2(a)(i) Aggravated Unlicensed
Operation (AUO 20) $500- $500-$1,000
§511.2(a)(ii)(iii)(iv)
Aggravated Unlicensed Operation
(AUO 20) $500-$1,000 $1,000-$2,500
§511.3 AUO 10 $500-$5,000 $2,000-$5,000
EFFECT ON EXISTING LAW: This bill would increase most of the current
fines for alcohol-related traffic offenses.
JUSTIFICATION: The existing fine schedule for alcohol-related traffic
offenses has been in place since 1992. Chapter 420 of the laws of 1992
provided increases to the fines that were established in 1981.
The fines imposed for alcohol-related traffic offenses are but one
component of the multi-faceted approach to deterring the potential
drinking driver and punishing those who are not deterred. The mandatory
minimum fine scheme established in 1981 and increased in 1992 reflect
the Legislature's commitment to establishing fines that both reflect the
seriousness of the offense yet remain "collectible". Over the years, of
course, the value of the fine schedule has declined, thereby eroding the
legislative intent of the monetary penalty. This bill would impose
appropriate increases to maintain the relative intent of the fines
imposed first in 1981 and amended in 1992.
Furthermore, over the years the Legislature has developed a complex and
comprehensive series of "escalating offenses" based on such things as
the number of prior offenses, the type of vehicle driven, the age of the
driver, the type of license held, and, in some cases, the contents of
the vehicle. This bill, for the first time, makes a comprehensive evalu-
ation of these more serious offenses and establishes commensurate finan-
cial penalties.
Finally, the fines collected are returned to the counties where the
offenses occurred in support of the nationally-recognized STOP-DWI
Programs. The additional fines collected would allow these programs
sufficient resources to continue to meet their statutory obligation to
develop and implement strategies to reduce the incidence of drinking and
driving fatalities and injuries.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.2668
2011-2012: A.1348
FISCAL IMPLICATIONS: Would provide an increase in revenues to the
counties and the City of New York.
EFFECTIVE DATE: This act shall take effect on the 120th day after it
becomes law.
