senate Bill S541

Requires persons convicted of driving while intoxicated who are injured as a result and medically transported to a hospital to pay for same before license reissuance

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Bill Status

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 07 / Jan / 2009
  • 06 / Jan / 2010


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Bill Details

See Assembly Version of this Bill:
Legislative Cycle:
Senate Transportation
Law Section:
Vehicle and Traffic Law

Sponsor Memo


An act to amend the vehicle and traffic law, in relation to requiring
persons convicted of driving while intoxicated who are injured as a
result of such offense and who are medically transported to a hospital
to pay for such transport and other pre-hospital medical bills before
their license to drive can be reissued to them

The intent of this bill is to ensure that EMS providers are
financially compensated for transport services that they perform for
individuals who are injured as a result of committing a DWI offense.

Section 1. Paragraph (c) of subdivision 2 of section 1193 of the
vehicle and traffic law is amended by adding a new subparagraph 4
which states that no person who has been convicted of committing a DWI
offense which has resulted in the transport of such person by
ambulance or helicopter can have their license restored or renewed
until they have submitted proof of payment for such transport and any
other pre-hospital medical expenses.

Section 2. Paragraph (c) of subdivision 2 of section 1193 of the
vehicle and traffic law, as amended by section 8 of chapter 732 of the
laws of 2006, is amended by stating the same.

Section 3. Sets the effective date.

Existing law makes no such provisions.

In 1996 there were 7,048 DWI related accidents in New York State which
resulted in 10,050 injuries and 320 deaths. Continuous efforts by the
New York State Legislature to create stricter DWI laws have worked to
significantly lower the incidence of DWI offenses in our state.
However, drunk drivers continue to wreak havoc on our communities. The
numbers of accidents, injuries, and fatalities that are the result of
alcohol induced recklessness are still too great.

Everyday emergency medical service providers place their lives on the
line in an effort to protect the health and safety of their
communities. Often, those who injure themselves while driving
intoxicated require transport by ambulance or helicopter, and
recurrently these offenders do not pay EMS for the cost of transport.
These brave and hard working individuals deserve to be compensated for
their services, especially in cases where individuals have recklessly
injured themselves and others by committing a DWI offense.

Emergency transport services provide lifesaving assistance,
transporting critically ill or injured adults and children regardless
of their ability to pay for such services. Many insurance companies do
not pay for emergency medical transport services, and of those that
do, the full cost of transport is generally not covered.
Additionally, many New Yorkers have no medical insurance. As a result,
loss of revenue for emergency transport providers is substantial.

Receipt of payment is essential in maintaining EMS services. Lack of
payment jeopardizes the existence of these much needed services. We
must not allow drunk drivers to further threaten our safety by
refusing to pay for EMS services.

This legislation takes a hard stance with DWI offenders, and sends the
message that New York State does not tolerate drunk drivers. It
continues this legislature's tradition of using tough methods to
combat this life threatening problem. It is one more step in the fight
to end the senseless injury and death that is too often the result of
driving under the influence of alcohol.

2005-2006: S.2274 - Transportation; 2003-2004: S.42-A Rules
(Alcoholism and Drug Abuse); 2007-2008 - Passed Senate


This act shall take effect on the first day of September 1, 2010.
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