Just over a year after the New York Legislature passed a law increasing the penalties for certain drunk drivers and mandating ignition interlock devices for all convicted of drunk driving, some are seeking to increase the penalties once again.
Under a new legislative proposal created by New York State Senator Charles Fuschillo, Jr., and Nassau County District Attorney Kathleen Rice, those convicted of DWI more than once in a 10-year period would be subject to mandatory jail time. Fuschillo intends to introduce this legislation in the New York Senate in January.
Although the legislation is still being written, LIHerald.com reports that the legislation will contain two primary provisions. Those who are convicted of a second DWI within 10 years will be required to serve at least 30 days in jail; those convicted of three or more DWIs in the same period of time would face at least 90 days in jail.
According to Fuschillo, "[t]argeting those who continually disregard the law by drinking and driving over and over again is a commonsense solution to a very real problem." Certainly drunk driving is a serious problem; those who drive while impaired by alcohol may place others on the road and themselves at risk of injury.
However, mandatory jail time is not the best solution. At a time when budgets are already stretched, instituting mandatory jail sentences for crimes that already result in harsh punishments is simply a poor choice. New York State is facing a budget deficit of $9 billion in 2011 and counties across the state are facing similar budget woes. Housing repeat DWI offenders will be costly, and the cost may not effectively accomplish what everyone in New York wants: reduced DWIs.
As Governor Patterson noted when the mandatory ignition interlock provisions took effect earlier this year, New York State currently has "some of the toughest DWI laws in the nation." Accordingly, it is important that those who are accused of DWI take these allegations seriously; the penalties for a DWI conviction can be harsh. For more information regarding DWI in New York, speak with a knowledgeable criminal defense attorney.
