Assemblyman David G. McDonough (R,C,I-Nassau) and members of the Assembly Minority Conference proposed legislation that would build on New York’s historic strides to protect citizens from drunk drivers by targeting those responsible for the majority of auto fatalities – "hardcore" drunk drivers and repeat offenders.

"Repeat offenders and drivers with high blood alcohol content show a serious disregard of the law and to the safety of their fellow citizens," said Assemblyman McDonough. "The legislative proposal put forward by the Assembly Minority conference addresses this critical area of the law and I support this effort to make our roadways safer."

The six-point Assembly Minority Conference plan would create a new crime of "Aggravated Driving While Intoxicated" for drivers found to have a BAC of 0.18 or higher, a Class E felony for first-time offenders. Those with prior convictions could face a Class C felony, with prison terms up to 15 years.

Another provision would suspend the driver’s license of repeat offenders for 30 months. Right now, suspensions are limited to one year.

Assemblyman McDonough noted that according to the National Highway Transportation Safety Board, 41 percent of all traffic fatalities nationwide are alcohol-related and research shows that "hardcore" drunk drivers – those arrested with a BAC of 0.15 or higher – are 385 times more likely than non-drinking drivers to be involved in a fatal accident. Also, fatally injured drivers with criminal BAC levels were seven times more likely to have had a prior DWI conviction than fatally injured drivers who were sober.

The Assembly Minority proposals include:

• Create Class E felony of "Aggravated Driving While Intoxicated" – Creates new crime of Aggravated DWI for drivers found to have a blood alcohol content (BAC) of 0.18 or higher.
• Create Class D felony of "Aggravated Driving While Intoxicated" for second conviction – Aggravated DWI would be a Class D felony for drivers who have been convicted of one other DWI offense within the previous 10 years.
• Create Class C felony of "Aggravated Driving While Intoxicated" for two-time repeat offenders – Aggravated DWI would be a Class C felony for drivers who have been convicted of two other DWI charges within the previous 10 years.
• Restrict plea bargaining for Aggravated DWI – Any person charged with Aggravated DWI would not be allowed to plead to anything lower than a misdemeanor DWI charge.
• Allow judges to immediately suspend driver’s licenses – Any person charged with Aggravated DWI would have his or her license suspended immediately.
• Increase length of suspension for repeat offender s – Drivers convicted of any DWI charge who have had other DWI convictions within the preceding 10 years would have their license suspended for 30 months, rather than the current one-year suspension.

Assemblyman McDonough, left, is seen discussing Minority Conference legislative initiatives with Karen Pettigrew, the statewide Public Policy Liaison for Mothers Against Drunk Driving (MADD). Ms. Pettigrew and MADD were in Albany to endorse the legislative proposals creating tougher penalties for "hardcore" drunk drivers.