DWI Topics Of Interest

New York DWI–Legislator Proposing Mandatory Ignition Interlocks

March 25, 2009 | Mark Siesel

New York State Senator Charles Fuschillo Jr. is about to introduce legislation in which all drivers convicted of New York DWI would be required to install ignition interlocks in their cars. Presently, Westchester County and six other New York counties give judges the option to require ignition interlocks in cases of multiple DWI. New York began its ignition interlock program 20 years ago. Advocates such as MADD (Mothers Against Drunk Driving) argue that unless the interlocks are mandatory, use is low. A spokesperson for MADD claims that ignition interlocks while those convicted of DWI are on probation reduces repeat offenses by an average of 64%. According to the federal Centers for Disease Control & Prevention, each day, 36 people die in car crashes with drunk drivers. In New York, there were 384 drunk driving deaths and more than 7,200 injuries in 2007.

An ignition interlock is approximately the size of a cell phone and is installed into the starting circuit of a car. The driver must blow into the interlock, and if he or she has been drinking, the car will not start. Interlocks can also be set up for “running retests” requiring a driver to provide breath tests at regular intervals. This way, if a sober person started the car, and the driver fails the retest, the horn will sound and the car’s lights will flash, alerting police officers in the vicinity.

It is unclear if the legislation Mr. Fuschillo is promoting has the votes to be instituted, as he is a Republican, now a minority party in the state Senate for the first time in many decades.

Putnam County DWI Arrests On The Rise

March 12, 2009 | Mark Siesel

Arrests for Putnam County DWI’s have increased by a stunning 35% in 2008, and Putnam’s lead prosecutor, District Attorney Adam Levy has stated he is ready to take action. There were 633 Putnam County drunk driving arrests in 2008, up from 469 in 2007, and 414 in 2006. In contrast, Westchester County DWI arrests have increased to a smaller extent over the last three years–the increase between 2006 and 2007 was from 2,515 to 2,650. (Numbers for 2008 were not available). In Rockland County, DWI arrests actually decreased from 1,215 in 2007 to 1,082 in 2008.

Mr. Levy has proposed an alcohol awareness program for first time DWI offenders arrested in cases where there has been no personal injury or property damage. The program would involve 35 hours of community service and attendance at a three hour class which costs $250 to attend. The money Putnam receives from course attendees would assist in paying the rising costs of DWI detection and prosecution, according to Levy. Out of state drivers arrested for New York drunk driving would have to take the course and perform the community service in Putnam County. One group that might object to the program would be New York State and alcohol treatment counselors, who would lose many of their clients to the County sponsored program. The proposal will be submitted to the Putnam County Legislature’s Health Committee on March 17.

New York DWI-Driver Responsibility Assessment

March 2, 2009 | Mark Siesel

If you are arrested for a New York drunk driving charge, or for refusing a chemical test, in addition to any criminal penalties you will be assessed, you will also have to pay what is known as the “Driver Responsibility Assessment.” Beginning in November of 2004, The New York State Department of Motor Vehicles instituted the “Driver Responsibility Program.”

Under this program, if you are convicted of a New York DWI or refusing to take a breathalyzer test, you will be required to pay fines totaling $750 over a three year period. These fines can be paid $250 each year for three years, all at once, or you may pay the initial fine of $250.00 and then the remainder at any time within the three years. If you do not pay the assessment, the DMV will suspend your driver’s license, learner’s permit, or in the case of out of state drivers, your privileges to operate a vehicle in New York State.

The Driver Responsibility Assessment is also imposed on drivers who get 6 points or more on their license within an 18 month period for New York traffic violations. This assessment is a total of $300.00 for three years, which can be paid in $100.00 per year increments, all at once, or by paying $100.00 initially and then the remainder within the 2 following years. Each additional point above 6 points during the 18 months adds an extra $75.00 to the penalty.