The National Highway Traffic Safety Administration (NHTSA) announced the start of the “Impaired Driving National Enforcement Crackdown” running from August 19th through the end of Labor Day weekend. More than 10,000 law enforcement agencies nationwide will be participating in this crackdown to remove impaired drivers from the road before they can hurt themselves or others.

According to NHTSA, in 2009 alone, 10,839 people died in crashes throughout the US in which a driver or motorcycle rider was at or above the legal limit. The age group with the highest percentage of alcohol-impaired-driving fatalities in motor vehicle traffic crashes was the 21-to-24 age group. Approximately one-third of all highway deaths are due to impaired driving and nearly half of those deaths occur between 9 p.m. and 3 a.m. For that reason, law enforcement agencies will have a heavy presence, conducting road blocks and sobriety checkpoints during the evening hours.

Nationwide the legal limit for drunk driving is .08 Blood Alcohol Content (B.A.C.). While that may be the legal limit to prove intoxication, a driver can still be arrested for DUI with a lower B.A.C. if, in the judgment of the arresting officer, their ability to drive safely is impaired.

Drivers who are arrested for DUI will go to jail!

In New York State, county sheriffs and the state police have announced a joint "Over the Limit Under Arrest" campaign during the upcoming Labor Day period.

In New York, a driver can be charged with Driving While Ability Impaired by Alcohol (DWAI) with a B.A.C. of between .05 and .08. The penalties for a first time DWAI offense includes a fine of between $300 to $500, or 15 days in jail, or both. License suspension and revocation may also apply.

A DUI conviction (.08 B.A.C or higher) can result in penalties of a fine of $500-$1,000 or up to one year in prison, or both.

Anyone convicted of either of the above offenses will also have to pay a driver responsibility assessment of $250 per year for the next three years

A DWI arrest and conviction can cost up to $15,000 or more: fees include car towing, impoundment, bail, attorney fees, court costs, hearing and fees to regain and retain driver’s license, DWI fine, probation costs, fees for extended proof of insurance, plus insurance rate hikes.

Drivers who witness another driver who they believe to be driving impaired are encouraged to call 911 or their state highway patrol.

All available law enforcement officers will be on the roads during the Labor Day holiday period. They will also be taking part in "Operation Care" (Combined Accident Reduction Effort) issuing citations to speeders and drivers who aren't wearing a seatbelt.

Labels: driving under the influence, Driving While Ability Impaired by Alcohol, DWAI, new york dui laws

New York State just passed a new bill that classifies a new crime: aggravated reckless driving. Aggravated reckless driving is operating a vehicle that creates a great risk for others. This includes knowingly driving under the influence, or driving a dangerous amount of miles over the posted speed limit.

The new bill, (S.3452) sponsored by Senator Charles J. Fuschillo, Jr. and co-sponsored by Senator Jack M. Martins enhances the penalties for reckless driving. This is in response to a growing number of arrests that involve this type of careless, dangerous driving behavior. A driver engaging in driving behavior that creates a risk for others, knowingly or under the influence driving going against the flow of traffic, driving 30 or more miles over the speed limit while under the influence of alcohol or drugs while engaging in street racing activities and driving 30 or more miles over the posted speed limit while weaving in and out of traffic.

Aggravated reckless driving is currently rated a class E felony.

Labels: aggravated reckless driving, driving under the influence, new york defensive driving, new york dui laws, reckless driving, speed limit

It's always the time to be careful when driving in New York, especially now that Leandra's law is in effect. What exactly is Leandra’s Law?

Leandra's Law (Child Passenger Protection Act) is a New York State law making it an automatic felony on the first offense to drive drunk with a person under the age of 15 inside the vehicle, and setting the blood alcohol content, or BAC, at 0.08. The bill was unanimously passed by the New York State Assembly and the New York State Senate and then signed into law by Gov. David Paterson on November 18, 2009.

Nearly one year in effect, it means that even first-time DWI offenders are going to be required to install an ignition-interlock device that would prohibit them from starting the car while intoxicated. This law was created to prevent the endangerment of the welfare of children by intoxicated drivers.

Don Prudente, president of the DriveSafe Ignition Interlock of New York claims that these devices are so sensitive, that even blowing a .025 won't allow them to start the vehicle. If the driver has been drinking the night before, it may reflect the following morning with them not being able to start their vehicles.

Some may claim that it's too harsh a punishment, but then again, what would be worse, an ignition-interlock device, or endangering the life of a child?

Learn more about the New York Child Passenger Protection Act

Labels: dwi, ignition-interlock device, Leandra's Law, new york dui laws

Labor Day Weekend signifies the end of summer, white clothes, and weekends at the beach. This year, Labor Day Weekend also signifies the end of an 18-day crackdown on impaired driving. Law Enforcement Agencies statewide are participating in the nationwide campaign called “Over the Limit. Under Arrest.” The 18-day initiative began on Friday, August 20 and will culminate on Labor Day (Monday, September 6).

Nationwide this campaign aims to reduce the deaths and injuries associated with impaired driving. Roughly every 40 minutes someone in the United States is killed in an alcohol-related accident. Last year, over one million people were injured in drunk driving accidents. In New York State, there were more than 9,000 alcohol-related accidents in 2008 and almost 400 lives were lost. While these numbers are a significant improvement from years past, New York State Law Enforcement Officials worry the public would become complacent about impaired driving issues without campaigns like this.

Law Enforcement Officials across the state have spoken out in support of the impaired driving crackdown. Personnel from Law Enforcement Agencies across the state are coming together to increase their impaired driving enforcement efforts through September 6. Law Enforcement will be aggressively looking for impaired drives. For those drivers who are found driving with a blood alcohol content (BAC) over .08 they will be over the limit and under arrest.

The campaign follow closely behind the new ignition interlock provision that went into effect August 15. The new provision under Leandra’s Law requires anyone convicted of a drunk driving charge to install an ignition interlock device in any vehicle he or she operates. This applies to people who are convicted on both felony and misdemeanor charges. Anyone required to install the ignition interlocking device will do so at his or her own expense.

In New York, the campaign is part of the states STOP-DWI efforts. STOP-DWI is an acronym for “Special Traffic Options Program for Driving While Intoxicated.” According to the New York State STOP-DWI Association, highly visible law enforcement efforts are an effective deterrent against impaired driving. It also serves to remind New Yorkers that DWI is still a top priority to all New York Law Enforcement Agencies.

New York State is recognized across the country as a leader in traffic safety. In particular the State is recognized for its continued progress in reducing the number of alcohol-related accidents and deaths. New York's STOP-DWI program was created in 1981 by the State Legislature. The program is financially elf-sustained and is funded entirely from the fines paid by convicted drunk drivers. The program has office in each of New York’s counties and empowers the counties to coordinate their own local efforts to combat impaired driving.

Labels: blood alcohol level, drunk driving, new york dui laws, ny driving laws

Thanks to a group of overly tanned twenty-somethings and a set of extremely toned abs, people across the United States are more familiar with the Jersey Shore than ever before. As portrayed on the shore, the Jersey Shore is known as the summer party spot for the twenty-something crowd in New Jersey and its surrounding states. Unfortunately, not all of those enjoying in the endless summer parties are of legal age.

Parents of underage children who may be traveling to the Jersey Shore's resort areas can rest a bit easier. New Jersey Attorney General Paula Dow recently held a press conference in Wildwood, NJ to announce a major crackdown on underage drinking at the Jersey Shore.

Last summer, over 500 underage drinkers were arrested at the Jersey Shore. This year, the Division of Alcoholic Beverage Control and the Division of Highway Safety partnered to combat the underage drinking problem. Additionally, Dow is encouraging law enforcement officials to charge underage drinkers to the fullest extent of the law.

Currently, underage drinkers face steep fines and the loss of his or her driver’s license for 6 months if convicted. That’s right, in New Jersey underage drinking can lead to the loss of a driver's license even if you are not driving! Dow explained that charging underage drinkers to the fullest extent of the law will get their attention. She said, “Driving is a privilege. Take away that privilege and you’ll get people’s attention.”

The Division of Alcoholic Beverage Control is sending the strong message that the consequences of underage drinking reach far beyond the legal ramifications. According to the division’s director, the division wants young people to be aware of the life-changing consequences that affect the drinker and all of the people whose lives may be affected by his or her drunken decisions.

The Division of Highway Traffic Safety also aims to combat a growing problem in New Jersey: drugged driving. According to the division’s director, Pam Fischer, that 28,705 people were arrested for driving while intoxicated in 2008 in New Jersey. Of those people charged, 2,938 of them were under the age of 21.

Fischer said, “While we continue to made steady progress in our fight to keep drunk drivers off of our roads, we still have a long way to go if we are to ensure that all drivers, add in particular our newest and youngest ones, remain safe.” Motor vehicle accidents are the leading cause of death for young people ages 15 to 20. Young drivers are inexperienced and tend to have a false sense of confidence behind the wheel. When alcohol is incorporated into that scenario you have a recipe for disaster, especially in the summer months at the Jersey Shore.

Additional Articles to Prevent Underage Drinking:

How to Deal with Underage Drinking: Tips for Parents
Social Hosting: Underage Drinking

Labels: drunk driving, drunk driving laws, new york dui laws

In November, the New York State Assembly passed the toughest drunk driving law in the nation. The new legislation, known as Leandra's Law, was named for 11 year old Leandra Rosada who was killed just a month earlier while riding with the mother of one of her friends. Her friend's mother was allegedly driving while impaired and flipped her vehicle on Manhattan's Henry Hudson Parkway. The bill, signed by Governor Paterson on November 18th, imposes stiff new penalties for anyone who drives under the influence while a child under the age of 16 is in the car.

In the legislation's Statement of Support, the bill's authors wrote:

"While all persons who drive while intoxicated pose a danger to others, the person who knowingly chooses to drive drunk with children in the car has made a conscious decision to put those children at risk of harm or death. An adult can take steps to avoid riding with a drunk or impaired driver. But a child may not have that choice, particularly when the driver is a parent or guardian."

Previous New York Law made driving under the influence of alcohol or other drugs a misdemeanor. The new law makes it a felony to drive under the influence while a child under the age of 16 is in the vehicle.

Other provisions in the law include:

A provision that requires law enforcement officers to note when a child a child or person other than the offender has been killed or suffered serious physical injury; or when a child of fifteen years or under is present in the vehicle at the time of the arrest.

A provision that requires law enforcement officers, when a child is present in the vehicle of an impaired driver who is their parent, legal guardian, or custodian, to report the offense to the Department of Social Services.

A provision that prohibits anyone charged with aggravated driving while intoxicated with a child from any type of plea bargain that would reduce the charge down to a non-criminal offense.

A provision that mandates the installation of an interlock device in vehicles after the first conviction for driving under the influence and makes tampering with an interlock a criminal offense.

A provision that amends penal law to increase the penalties for anyone who commits any of the following offenses while driving under the influence:

Increases the charge of Vehicular Assault in the second degree to Vehicular Assault in the first degree for anyone who causes serious physical injury to a passenger who is under the age of 16.

Increases the charge for anyone who commits Vehicular Assault in the second degree to Aggravated Vehicular Assault if they engage in reckless driving that causes serious physical injury to a passenger who is a under the age of 16.

Increases the charge for anyone who commits Vehicular Manslaughter in the second degree to Vehicular Manslaughter in the first degree for anyone who causes the death of a passenger who is under the age of 16.

Increases the charge for anyone who commits the crime of Vehicular Manslaughter to Aggravated Vehicular Manslaughter for anyone who engages in reckless driving and causes the death of a passenger who is under the age of 16.

Labels: driver safety, driving under the influence, drunk driving laws, new york driving laws, new york dui laws