Senator Fuschillo and Nassau County STOP-DWI Coordinator Pamela Kelly-Pincus discuss the merits of enhancing state DWI laws.

by Tiffany Elliott

In an effort to to reduce driving while intoxicated (DWI) instances, State Senator Charles J. Fuschillo announced his new legislation, S2276, which would provide for automatic jail time for those driving with a Blood Alcohol Content (BAC) of .15 or higher, which is nearly twice the legal limit. He outlined his proposal at a community meeting in Nassau County last month before group of supporters.

"Drunk driving remains a problem throughout our state, claiming the lives of almost 100 Long Islanders last year alone," said Fuschillo. "Although we made great progress, new deterrents are needed."

The new law would ensure individuals with a .15 BAC would receive five days mandatory confinements for their first offense, and drivers with a BAC of .20 would receive 10 days of confinement. In both cases, longer sentences would be imposed for repeat offenders.

"People need to think twice before they get drunk and get behind the wheel," said Denna Cohen, president of the LI Chapter of Mothers Against Drunk Driving (MADD) and whose daughter, 21-year old Jodi, was killed by an intoxicated driver 16 years ago.

"Right now the law gives them several chances to try it (driving drunk and killing someone) again," said Cohen. "If we put these people in jail automatically for a couple weeks, maybe they’ll think about it next time."

Thanks to Fuschillo, New York State has already lowered the legal BAC from .10 to .08 and enhanced repeat offender laws in an effort to deter people from driving drunk, but Fuschillo thinks that is not enough.

"I am sick and tired of the evils of drunk driving," said the senator. "These are not accidents but choices that people make to drive drunk. We won’t tolerate it anymore."

"We cannot take the chance with 4,000 pounds of metal in motion," said Dan Donovan, Staten Island District Attorney. "Our current laws are inadequate and we need to protect our citizens."

As a prosecutor, Donovan asked that the law be passed. "For every one person arrested, 100 go free. That’s 78,000 people who drove drunk on Staten Island alone last year," said the DA.

Additionally, the senator is supporting a statewide forfeiture law, which Nassau and Suffolk Counties have already adopted. Under the proposal, drunk drivers could have their cars seized if they have three or more offenses within 10 years.

"Until we show society we are serious it won’t stop," said Fuschillo as he listened to testimony from citizens who had pictures of their departed loved ones on their lapels.

"This legislation sends a simple, but strong message: if you drink and drive, you will go to jail."

Fuschillo’s measure is to come before the legislature this month.