Increases penalties for driving while ability impaired for a person having been convicted of driving under the influence of drugs or alcohol within the preceding five years to a misdemeanor which is punishable by a fine of not less than $750.00 nor more than $1000.00 or by imprisonment of not more than 90 days; increases penalties for driving while ability impaired for a person having been convicted two or more times of driving under the influence of drugs or alcohol within the preceding 10 years to a misdemeanor which is punishable by a fine of not less than $1000.00 nor more than $2000.00 or imprisonment of not more than 180 days.

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S1660-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 11, 2011: REFERRED TO TRANSPORTATION

S1660-2011 Memo

BILL NUMBER:S1660

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the penalties for
operating a motor vehicle while under the influence of alcohol or drugs

PURPOSE OR GENERAL IDEA OF BILL:
The bill would amend the executive law by increasing the penalties for
driving while ability impaired.

SUMMARY OF SPECIFIC PROVISIONS:
The bill makes a second violation of section eleven hundred ninety-two
of the vehicle traffic law a misdemeanor and includes increases in
the amounts for which a fine can be imposed for repeat violations.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The bill amends the vehicle and traffic law by making a second
violation of section eleven hundred ninety-two of the vehicle and
traffic law a misdemeanor and increasing the amount that can be
imposed as a fine.

The bill also increase the amount imposed as a fine for a third or any
subsequent violations of section eleven hundred ninety-two of the
vehicle and traffic law.

JUSTIFICATION:
The operation of a motor vehicle under the influence of alcohol and
drugs presents a significant threat to public safety. Several
attempts have been taken to decrease the number of alcohol related
accidents, but the number of accidents in New York involving alcohol
continued to increase during the period between 1996 and 2000. The
intent of this bill is to further deter intoxicated drivers from our
roads by increasing the penalties for driving under the influence of
alcohol or drugs.

LEGISLATIVE HISTORY:
S.2096 of 2007
01/31/07 Referred to Alcoholism and Drug Abuse
S.108 of 2009
01/07/09 REFERRED TO TRANSPORTATION
01/06/10 REFERRED TO TRANSPORTATION

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.

S1660-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1660

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 11, 2011
                                 ___________

  Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  AN ACT to amend the vehicle and traffic law, in relation to  the  penal-
    ties  for operating a motor vehicle while under the influence of alco-
    hol or drugs

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (a) of subdivision 1 of section 1193 of the vehi-
  cle  and  traffic  law, as amended by chapter 75 of the laws of 1994, is
  amended to read as follows:

    (a) Driving while ability impaired. A violation of subdivision one  of
  section  eleven  hundred  ninety-two  of this article shall be a traffic
  infraction and shall be punishable by a fine  of  not  less  than  three
  hundred dollars nor more than five hundred dollars or by imprisonment in
  a penitentiary or county jail for not more than fifteen days, or by both
  such fine and imprisonment. A person who operates a vehicle in violation
  of  such  subdivision  after having been convicted of a violation of any
  subdivision of section eleven hundred ninety-two of this article  within
  the  preceding five years shall be GUILTY OF A MISDEMEANOR, AND SHALL BE
  punished by a fine of not less than [five] SEVEN hundred  FIFTY  dollars
  nor  more  than [seven hundred fifty] ONE THOUSAND dollars, or by impri-
  sonment of not more than [thirty] NINETY days in a penitentiary or coun-
  ty jail or by both such fine and imprisonment. A person who  operates  a
  vehicle in violation of such subdivision after having been convicted two
  or  more  times  of  a  violation  of  any subdivision of section eleven
  hundred ninety-two of this article within the preceding ten years  shall
  be  guilty of a misdemeanor, and shall be punished by a fine of not less
  than [seven hundred fifty] ONE THOUSAND dollars nor more  than  [fifteen
  hundred]  TWO  THOUSAND dollars, or by imprisonment of not more than one
  hundred eighty days in a penitentiary or county jail  or  by  both  such
  fine and imprisonment.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05877-01-1