New York’s DWI Laws

Our state’s DWI laws are too weak. A new law took effect June 8 that makes it easier to prosecute drunk drivers for vehicular assault and vehicular manslaughter, though many drunk drivers who have not yet injured anyone slip through the cracks. Alcoholism is a destructive, deadly progressive disease. When properly diagnosed and effectively treated soon enough lives may be saved.  A few weeks ago a tragic accident on Long Island killed a young girl. The driver of the other car had a reported blood alcohol level several times above the state’s cutoff for DWI, and reportedly had a prior DWI in another state. As with child sex abusers, we need a national registry for those convicted of DWI.

For the most recent year I was able to look at (1998), there were 1498 traffic related deaths in New York State, of which 24 percent were related to alcohol consumption. The good news is that 1998 was somewhat better than 1997, during which approximately 28 percent were related to alcohol consumption, and New York’s percentage of alcohol related fatalities was below the 38 percent national average. The bad news is that hundreds of traffic fatalities occur in our state and thousands across the US every year, which could be reduced with tougher legal intervention.

New York requires persons arrested for DWI to be evaluated for the presence of an alcohol related disorder. These disorders fall into two major categories: (1) alcohol abuse and (2) alcohol dependence. New York requires that those arrested for driving drunk must see a DMV approved psychologist for assessment and possible treatment as part of the State’s Drunk Driver Program (DDP) prior to restoration of driving privileges. This sounds good on paper.

The problem with New York’s DMV, DDP is if the accused motorist does not like what the psychologist recommends, he or she may seek another psychologist until the accused individual finds a psychologist that says what he or she wants to hear. There is no muscle in the law compelling appropriate effective treatment. In my experience, most persons arrested for DWI deny they have a problem with alcohol, so when the psychologist informs the accused client that he or she may have an addictive or abuse disorder, the law permits the client to go to another psychologist until the alleged offender hears what they want to hear!  I’ll leave it to your imagination what this leads to. This system makes a mockery of assessment and severely reduces the likelihood for effective treatment.

The law provides for the appearance rather than the reality of assessment and treatment in many cases until it is too late. First time drunk drivers too frequently become repeat offenders. As mentioned last week, alcoholics play games of denial with themselves and others including courts, attorneys and mental health experts attempting to provide mandated services to the accused motor vehicle operator. The state needs tougher criminal and civil penalties similar to the treatment options some states are offering non-violent drug offenders, i.e., jail time, treatment or both. Around the world, countries that have tougher DWI laws have fewer alcohol related fatalities. Treatment can work if it is real and the accused motor vehicle operator admits he or she has a problem. Mandatory suspension of licenses for first time offenders until real treatment results are certified may increase the willingness of those accused of DWI to attend AA meetings and seek psychological treatment.

My previous Lake Placid News articles can be viewed at www.drhavlicek.com/articles.

Raymond Havlicek

Lake Placid, NY