New York Governor Proposes Tougher Sentences for Driving Drunk with Children as Passengers

One day after a Long Island state senator introduced a bill that would increase penalties for driving drunk with a child in the car, New York governor David A. Paterson announced his own proposal for a tougher punishment.

Paterson held a news conference with officials from Mothers Against Drunk Driving and the New York State troopers who responded to the wrong-way crash on the Taconic Parkway that killed eight people, including four children.

Paterson said the crash influenced his staff to research statistics about how many people drive drunk with children as passengers. In 2007, there were 9,480 accidents involving intoxicated drivers in New York, and 344 resulted in death. “Nearly 200 of those killed or injured were under the age of 14," Paterson said.

The day before, Long Island state senator Charles Fuschillo announced his proposed bill, saying it would make driving drunk with children under 16 in the car a class E felony, punishable with up to four years in prison. The senate legislation is co-sponsored by Assemblyman Harvey Weisenberg.

Paterson said his legislation would do the same. If a passenger under 16 is seriously injured, both bills make the offense a Class C violent felony, punishable by 3 ½ to 15 years in prison.

In addition, people convicted of driving drunk with a child under 16 in the car within 10 years of a prior drunken driving conviction would lose their license for 18 months, according to Paterson's proposals.

The legislation also identifies individuals caught on a first drunken driving offense with a child passenger as a "serious offender" and requires them to install an ignition interlock device, which prevents intoxicated drivers from starting a car.

"These laws are pretty tough, but it's what we think we need," Paterson said.

Debbie Weir, national chief operating officer of Mothers Against Drunk Driving, said changes in the law would mean that drunken driving with children would be treated as "the serious crime that it should be."