New DMV Rules Among the Toughest Licensing Policies in the Nation
Governor Andrew M. Cuomo announced today a multi-pronged initiative to keep drivers with a history of repeat alcohol- or drug-related driving convictions off the road.
At the Governor's direction, the New York State Department of Motor Vehicles (DMV) will issue new regulations that will give New York among the toughest protections in the nation against drivers who persistently drive under the influence of alcohol or drugs.
"We are saying 'enough is enough' to those who have chronically abused their driving privileges and threatened the safety of other drivers, passengers and pedestrians," stated Governor Cuomo.
"This comprehensive effort will make New
York safer, by keeping these drivers off our roadways."
Under current law, drivers who are convicted of multiple alcohol or drug related driving offenses cannot permanently lose their licenses.
Under current law, drivers who are convicted of multiple alcohol or drug related driving offenses cannot permanently lose their licenses.
For example, if a driver is convicted of three
alcohol or drug related driving offenses within a four year period, or four
within an eight-year period, the driver will lose his or her license for as
little as five years, and may then apply to be relicensed.
Some drivers still have a license even after as
many as six or seven alcohol or drug related driving convictions over longer
periods of time.
The only time a driver really faces losing a
license permanently is when he or she has two alcohol or drug related
convictions arising from separate crashes involving a physical injury.
These new regulations strengthen DMV's ability to keep dangerous drivers off the road for good. The regulations call for:
Lifetime Record Review by DMV
DMV will be able to review the lifetime record
of all drivers who apply to have a license reinstated after a revocation.
Truly Permanent License Revocation for
Persistently Drunk & Dangerous Drivers
After conducting a lifetime record review, DMV
will deny any application for reinstatement of a license after revocation if
the applicant has:
Five or more alcohol or drug related driving
convictions in his or her lifetime
or
Three or more alcohol or drug related driving
convictions in the last 25 years plus at least one other serious driving
offense during that period. A serious driving offense includes: a fatal crash,
a driving-related penal law conviction, an accumulation of 20 or more points
assessed for driving violations within the last 25 years, or having two or more
driving convictions each worth five points or higher.
Delayed Re-Licensing, Driving Restrictions,
& Interlocks for Other Drivers with Repeated Alcohol- or Drug-Related
Driving Convictions
For those drivers seeking reinstatement of a
license after revocation who have three or four alcohol or drug related
convictions but no serious driving offense in the last 25 years, DMV will:
Deny their applications for five years beyond
their statutory revocation period if the applicant's license was revoked for an
alcohol or drug related offense; or two additional years if the applicant's
license was revoked for a reason other than an alcohol or drug related offense;
Restore the applicant's license after that additional period as a "restricted" license limiting the applicant's driving to, for example, travel to and from work or medical visits; and
For those drivers whose revocations stem from an
alcohol-related offense, require an interlock on the vehicle driven by the
applicant for five years.
End the Reduction of Mandatory Suspension or
Revocation Periods
Currently, repeat drunk drivers whose licenses
have been revoked or suspended for six months or a year can nevertheless get
their full driving privileges back in as little as seven weeks by completing
DMV's Drinking Driver Program. DMV's new regulations will ensure that those
drivers cannot obtain their driving privileges until their full term of
suspension or revocation has ended.
Every year more than 300 people are killed and
over 6,000 are injured on New York's highways as a direct result of
alcohol-related crashes.
In 2010, 29% of fatal crashes were
alcohol-related. Although the number of alcohol-related crashes involving
physical injuries or fatalities has decreased during the last several years,
there has been a disturbing increase in the number and percentage of crashes
with an injury that involved a driver with three or more alcohol-related
driving convictions.
In 2010, 28% of the alcohol-related injurious
crashes statewide involved someone with three or more alcohol-related
convictions. This reflects a marked increase since 2005, when only 22% of the
alcohol-related injurious crashes involved a driver with three or more
alcohol-related convictions.
In short, the problem of persistent repeat DWI
offenders has grown. Crashes involving alcohol are 10 times more
likely to cause a fatality than crashes that do not involve alcohol.
Currently, more than 50,000 drivers with valid or suspended licenses have three or more alcohol-related convictions in their lifetimes, and 15,000 of those drivers had their 3 or more alcohol-related convictions in the last 20 years.
Approximately 17,500 licensed drivers who already have three or more alcohol-related convictions have been involved in at least one crash that injured or killed someone after those convictions. These drivers have been involved in over 22,000 crashes that injured or killed someone, resulting in over 500 fatalities.
"The Department of Motor Vehicles is proud to be working with Governor Cuomo in a concerted effort to address the problems caused by the most dangerous drivers with a history of repeat alcohol- or drug-related driving offenses. For the safety of all those who share our roads, we believe now is the perfect time to strengthen our regulations and procedures," said Barbara J. Fiala, Commissioner of Motor Vehicles and Chair of the Governor's Traffic Safety Committee.
As a result of the new DMV regulations, an estimated 20,000 drivers will have their licenses permanently revoked or delayed this year.
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