New York Senate Votes to Close Drunk Driving Loophole

Using an ignition interlock device (image courtesy of Minnesota Department of Public Safety video)

The New York Senate overwhelmingly passed legislation that would strengthen a drunk driving penalty routinely flouted by offenders.

Leandra's Law, which became state law in 2009, mandated that all convicted DWI offenders in the state must install and use an ignition interlock in the vehicles they own or operate for at least six months after their conviction. These are breath test devices linked to a vehicle’s ignition system that prevent the car from starting if alcohol is detected in the driver’s breath.

But according to New York State statistics, only 31 percent of the state's convicted DWI offenders actually comply.

According to a press release from State Senator Charles J. Fuschillo, Jr. (R-Merrick), chair of the Senate Transportation Committee, "many drunk drivers try to avoid the ignition interlock requirement by claiming they do not own or operate a vehicle, waiting for the interlock period to run out, and then reapplying for a license without ever having to use the interlock.  Some of these drivers temporarily transfer ownership of the car to a relative or friend, who then allows that person to drive it without an interlock."

The legislation would prohibit convicted DWI offenders from driving any vehicle that doesn't have an ignition interlock. Drivers suspected of avoiding that requirement must instead wear a "transdermal alcohol monitoring device," such as an ankle bracelet.

The Senate voted 58-1 in favor of the legislation, with two absences. The bill now heads to the state Assembly.