Assemblyman David. G. McDonough (R,C,I-Merrick) is calling on the Assembly leadership to take immediate action on legislation passed in the Senate, sponsored by Senator Charles J. Fuschillo, Jr. (R, Merrick), which would create the new charge of aggravated vehicular homicide for drunk drivers who kill others.

“When a driver gets behind the wheel drunk, everyone on the roads is at risk. In addition, when an accident occurs that causes a death or serious injury, those individuals should be charged and punished appropriately,” said McDonough.

“When you drive a car drunk, that car becomes a weapon that can kill. People are getting killed on the roadways of New York state and the people driving those cars should be charged appropriately,” said Senator Fuschillo, Jr. “I want to ensure that our laws give prosecutors the tools they need to go after those individuals who chose to drink and drive.”

The bill would strengthen state law by creating the new crime of aggravated vehicular homicide, a class B felony with a penalty of up to 25 years in prison. This crime would apply to criminals who kill someone in a drunk or drugged driving crash and fulfill at least one of the following requirements:

• Their BAC was .18 or higher;
• They have a prior DWI conviction within the last 10 years;
• The crash caused the death of more than one person;
• The crash killed one person and severely injured another, and
• They were 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 would apply to drunk or drugged drivers who cause serious physical injury to another person with the same guidelines as above.