Senator Flanagan Sponsors Legislation To Hold Drunk Drivers Responsible For Deaths

Senator John Flanagan (2nd Senate District) today announced that legislation he sponsored to create the new charge of aggravated vehicular homicide for drunk drivers who kill others has passed the New York State Senate.

"Drunk driving is a preventable crime and those who choose to put others at risk should be penalized for their actions especially if their actions cause death. This legislation will send the clear message to those who choose to get behind the wheel after they have been drinking that they will be held accountable," stated Senator Flanagan.

The legislation that successfully passed the Senate will create the new crime of aggravated vehicular homicide, a class B felony with a penalty of up to 25 years in prison. This crime will apply to criminals who kill someone in a drunk or drugged driving crash and also have at least one of the following:
-BAC of .18 or higher;
-prior DWI conviction within the last 10 years;
-crash caused the death of more than one person;
-crash killed one person and severely injures another;
-offender was driving with a suspended or revoked license from any state.

The legislation also creates the new crime of aggravated vehicular assault, a class C felony with a penalty of up to 15 years in prison. This crime will apply to drunk or drugged drivers who cause serious physical injury to another person and also have at least one of the following:
-BAC of .18 or higher;
-prior DWI conviction within the last 10 years;
-crash caused serious injury to more than one person;
-offender was driving with a suspended or revoked license from any state.

Senator Flanagan also supported two additional DWI bills that passed the Senate that would:
> increase penalties for criminal convictions of drunk or drugged driving where a child, under the age of 17, is a passenger; and
> expand and strengthen New York State’s ignition interlock program for DWI offenders.

All these measures have been sent to the Assembly where they await action.