D'Amaro Bill Cracks Down on DWI

The Suffolk County Legislature has adopted a bill establishing a higher standard for court-mandated breath alcohol ignition interlock devices that must be installed in the vehicles of convicted DWI offenders.

Adopted Tuesday, the bill would require all Suffolk offenders sentenced to a period of probation, or given a conditional discharge that includes the installation of a breath alcohol ignition interlock device as part of their sentencing, to purchase devices that include the following public safety features:

• Real time Internet monitoring: allows County Probation Department officials the ability to access offender records on demand while events are occurring in order to make immediate decisions.
• Voice instructions: provides offenders with easy-to-use verbal prompts and instructions on how to operate the device and what to do in the event of a failed breath test.

• Global positioning satellite technology: allows County Probation Department officials the ability to automatically track and locate offenders' vehicles in the event of a failed breath test.
• Driver photo capability: allows County Probation Department officials the ability to positively identify that the offender is actually using the device. This photo can be used as evidence against offenders who try to circumvent the law.
• 911 emergency response capability: automatically contacts local 911 emergency responders in the event a failed breath test occurs on the road. Responders are notified of the vehicle's exact location due to the GPS tracking features.

"This bill sends a direct message to both DWI offenders and the public at large that drunk driving will not be tolerated by any means in Suffolk County," said Suffolk County Legislator Lou D'Amaro (D-Huntington Station), the prime sponsor of the legislation.  "Every day we hear about another innocent life that has been cut short by the reckless actions of a drunk driver.  It is imperative that we utilize the most advanced technology at our disposal to ensure that convicted offenders do not get behind the wheel of a car again and put our communities at risk.  Suffolk residents will not stand for anything less."

According to statistics from the National Highway Traffic Safety Administration, alcohol-impaired driving takes an enormous toll in the United States, killing approximately one person every 40 minutes.  Despite continued efforts by advocates nationwide, nearly 13,000 people were killed in alcohol-impaired driving crashes in 2007, a figure that has remained remarkably steady during the last two decades.  Many of the drivers involved in these fatal crashes have been arrested previously for DWI offenses.

"These statistics are alarming and clearly illustrate the magnitude of the drunken driving problem in our country," D'Amaro said.  "Simply put, this activity is reaching epidemic proportions, which is exactly why we need tough regulations on the books to save lives and act a deterrent to this despicable behavior."

Research shows that breath alcohol ignition interlock devices (BAIID) are a proven tool to effectively reduce impaired driving, protect the public and support long term risk reduction   

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Legislature Enacts Tough DWI Law

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12/8/10

among drunk drivers.  Recidivism reductions among both first-time and repeat DWI offenders range from 50 to upwards of 90 percent while the interlock is installed on the vehicle.

The actual use of a BAIID is quite simple.  Before starting the vehicle, a driver must breathe into the device.  If the driver's blood alcohol content is over a pre-set limit (.025% in New York State), the ignition interlock will not allow the vehicle to start.  If the driver successfully starts the vehicle, he or she will be randomly prompted to blow into the device multiple times throughout their trip.  A failed test while the vehicle is in use will cause the horn to sound and the device to emit a high pitch shrill prompting the operator to pull over and shut off the vehicle.  Depending on the make and model of the device, a host of other special features are included to ensure compliance with the court order and protect the general public.  DWI offenders will now be required to purchase devices with many of these additional features as per D'Amaro's bill.

"These advanced BAIID features are absolutely pivotal to the County's ongoing efforts to deter drunk driving," said D'Amaro.  "Photographic capability will ensure that the offender is actually utilizing the device instead of a different individual.  Real time internet monitoring will allow Probation officials the opportunity to instantaneously review the offenders' usage of the device and detect violations sooner rather than later.  The 911 emergency-response feature immediately alerts the police to any instance where an offender fails a BAIID test while operating the vehicle.  The police will know the exact location of the offender, due to the device's automatic tracking capability, so they will be able to quickly intercept the vehicle and hopefully prevent a tragedy from occurring."

The selection of these new standards stems from the passage of New York State Legislation known as "Leandra's Law," named after an 11-year old girl who was killed in a drunken driving accident in 2009.  The law requires use of a BAIID for a minimum period of six months, even for first-time offenders, in any motor vehicle they own or operate.  The law also requires the offender to pay for the installation of the device, which typically ranges from $75 to $110 depending on its features, as well as a monthly fee in the range of $75 to $90.  Although this is a State law, the types of devices that offenders have to buy, as well as the features contained in each device, are left to the discretion of local probation departments, most of which are under the direct purview of municipalities like Suffolk County.  The State has certified six permissible vendors that these municipalities can contract with to manufacture the interlocks.