BILL NUMBER: S7613
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to mandatory
alcohol or drug treatment relating to driving while impaired by alcohol
or drugs
 
PURPOSE:
Ensure that those convicted of impaired driving offenses complete the
Impaired Driver Program.
 
SUMMARY OF PROVISIONS:
Section 1: Amends § 1192(10)(a)(ii) of the Vehicle and Traffic Law to
eliminate the words "or for other good cause shown" to eliminate
instances where a judge can exempt a defendant from completing the
Impaired Driver Program.
Section 2: Amends § 1193(1)(a) of the Vehicle and Traffic Law to require
that those convicted of Driving While Ability Impaired ("DWAI") must
complete the Impaired Driver Program.
Section 3: Establishes the effective date.
 
JUSTIFICATION:
Since 1975, the Impaired Driver Program (formally known as the Drinking
Driver Program) has provided instruction and treatment assistance to
those convicted of driving under the influence. The Impaired Driving
Program began as a voluntary program that allowed people to receive a
conditional license upon completion. However, beginning in 2006 it was
made mandatory in certain plea-bargaining situations. Unfortunately,
broad language in the current law allows judges to forgo sentencing many
to the program.
The Impaired Driving Program requires participants to complete 16 hours
of classroom instruction over 7 weeks and complete substance abuse
screening and treatment if needed. It is a valuable program that can
help those convicted of driving under the influence learn from their
mistakes and get needed help. With a rise in impaired driving
convictions and crashes, requiring everyone convicted to complete this
class will make a difference even if it is just a reminder about the
consequences of driving under the influence.
This bill removes some of the discretion judges have to waive the
Impaired Driving Program requirement and makes it mandatory for anyone
convicted of the violation of Driving While Ability Impaired ("DWAI").
DWAI is the most common conviction for those plea bargaining their first
impaired driving charge.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S7613: 1192 vehicle and traffic law, 1192(10) vehicle and traffic law, 1193 vehicle and traffic law, 1193(1) vehicle and traffic law