Senator Patrick M. Gallivan, (R-C, Elma) says in recognition of National Drunk and Drugged Driving Prevention Month, he is renewing his call for action on legislation to modernize New York’s impaired driving laws and better protect motorists, pedestrians, and families across the state.

Drugged driving remains a growing public safety threat, yet New York’s laws have failed to keep pace with the realities of impairment. Under current statute, drivers can only be charged if the specific substance impairing them is listed in law—leaving dangerous loopholes that allow some impaired drivers to evade accountability, even when their behavior clearly puts others at risk.

Senator Gallivan is co-sponsoring a bill (S.6485) that will bring New York’s impaired driving laws into the modern era. The legislation shifts the legal focus from a narrow list of substances to a clear standard based on impairment, define impairment and intoxication in statute, update field-testing procedures, establish refusal of a field sobriety test as a traffic infraction, expand circumstances for chemical testing following crashes, strengthen license suspension procedures, and require demographic data reporting of stops, arrests and convictions to promote transparency. The bill also provides an affirmative defense to driving under the influence in cases of allergic reactions or medical emergencies and allows Certified Drug Recognition Experts to determine if a driver is under the influence. In addition, this bill would bring New York into alignment with 46 other states that do not use a list to determine substances that define impairment.

“New York’s existing laws dealing with impaired driving are out of date and do not adequately address the growing threat imposed by those who operate a vehicle while impaired by certain drugs,” said Senator Patrick Gallivan, a former NYS Trooper and Sheriff of Erie County. “We need to close the current loopholes that exist and ensure that law enforcement has the tools necessary to hold drugged drivers accountable for their actions and better protect both motorists and pedestrians.”   

December’s designation as National Drunk and Drugged Driving Prevention Month underscores the urgency of this issue, particularly during the holiday season when impaired driving incidents increase. National safety data continues to show that drug- and alcohol-impaired driving claims thousands of lives each year, making it a persistent and preventable danger on roadways nationwide.

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