Senate Passes Mandatory DWI Testing After Serious Accidents

Phil Boyle

May 30, 2013

Chemical Tests Would Be Required If Injury or Death Occurs

The New York State Senate today passed legislation that would help increase prosecution of dangerous drivers under the influence of alcohol or drugs. The bill (S1446) would require chemical testing of drivers suspected of being under the influence when an accident occurs and results in serious injury or death.

In August of 2004, the National Highway Traffic Safety Administration's Final Report on State Laws and Practices for BAC Testing and Reporting Drivers Involved in Fatal Crashes, found that New York State reported testing only 3.9 percent of surviving drivers who were involved in fatal crashes for their Blood Alcohol Concentration. Only two states reported testing a smaller percentage of surviving drivers involved in fatal crashes.

After an accident, current state law allows for chemical testing at the discretion of law enforcement, but it is not required. Law enforcement also needs to establish reasonable cause to order a chemical test.

This bill requires chemical tests to be performed on a driver when there is serious personal injury or death as a result of a motor vehicle accident and where it is reasonably believed that the driver was under the influence. It would also expand the tools available to law enforcement in requesting the chemical test by allowing the accident’s occurrence to be sufficient for establishing reasonable cause. Law enforcement can then immediately administer the test if the driver consents, or upon obtaining a warrant or court order if the driver refuses or is unable to consent.

The bill will be sent to the Assembly.