senate Bill S165

2011-2012 Legislative Session

Expands application of additional penalties for repeat driving while intoxicated offenses to vehicular drug related offenses

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Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation


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S165 - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2009-2010 Legislative Session:

S165 - Summary

Expands the requirement of mandatory imprisonment or community service for repeat convictions of driving while intoxicated, driving while impaired by drugs and commercial vehicle alcohol offenses; increases the period of revocation of an operator's license and registration to 2 years for the first repeat conviction within 10 years, and 4 years for the second and subsequent convictions within such period of time.

S165 - Sponsor Memo

S165 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2011-2012 Regular Sessions

                            I N  S E N A T E


                             January 5, 2011

  LAVALLE, SALAND -- read twice and ordered printed, and when printed to
  be committed to the Committee on Transportation

AN ACT to amend the vehicle and  traffic  law,  in  relation  to  repeat
  convictions of alcohol and drug-related offenses


  Section 1. Subdivision 1-a of section 1193 of the vehicle and  traffic
law,  as  added  by  chapter  691  of the laws of 2002, paragraph (c) as
amended by chapter 669 of the laws of 2007 and paragraph (d) as added by
chapter 732 of the laws of 2006, is amended to read as follows:
  1-a. Additional penalties. (a) Except as provided for in paragraph (b)
of this subdivision, a person who operates a  vehicle  in  violation  of
subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred
ninety-two of this article after having been convicted of a violation of
subdivision  two  [or],  three, FOUR, FIVE OR SIX of such section within
the preceding five years shall, in addition to any other penalties which
may be imposed pursuant to subdivision one of this section, be sentenced
to a term of imprisonment of five days or, as  an  alternative  to  such
imprisonment, be required to perform thirty days of service for a public
or not-for-profit corporation, association, institution or agency as set
forth  in paragraph (h) of subdivision two of section 65.10 of the penal
law as a condition of sentencing for such violation. Notwithstanding the
provisions of this paragraph, a sentence of a term  of  imprisonment  of
five  days or more pursuant to the provisions of subdivision one of this
section shall be deemed to be in compliance with this subdivision.
  (b) A person who operates a vehicle in violation  of  subdivision  two
[or],  three,  FOUR, FIVE OR SIX of section eleven hundred ninety-two of
this article after having been convicted on two or more occasions  of  a
violation  of  any  of such subdivisions within the preceding five years

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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