Evaluation of the DWI Prompt Suspension Law

• NCJ Number: 168050
• Author(s): R J Dehais; T F Mitchell
• Date Published: 1996
• Length: 37 pages
• Sale Source: New York State Division of Criminal Justice Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: DCC

Annotation

Chapter 312 of New York's Laws of 1994, effective November 1, 1994, requires the suspension of the driver's license of anyone charged with driving while intoxicated (DWI) under the Vehicle and Traffic Law (VTL) or anyone who has a blood alcohol concentration (BAC) of 0.10 percent or higher at the time of arrest.

Abstract

The suspension is imposed at arraignment or upon receipt of BAC testing results. Of 50,672 DWI arrests between November 1994 and October 1995, about 20,500 continued beyond the arraignment on a VTL charge and were eligible for prompt suspension. In addition, an unknown number of approximately 6,800 VTL arraignments that continued beyond arraignment may have qualified for prompt suspension. A total of 18,000 prompt suspensions were issued between November 1994 and October 1995. Under New York law, prompt suspension continues from arraignment until disposition, unless the court restores driving privileges through the extreme hardship privilege or a conditional license is granted by the Commission of Motor Vehicles. In slightly more than half of the cases, the defendant had at least some driving privileges restored prior to completing the suspension period. Extreme hardship privileges were issued in 2,946 (16 percent) of the 18,000 suspensions. In more than 90 percent of cases in which a hardship exemption was granted, the court cited a reason that fell within those authorized by law. The number of drivers who applied for the hardship privilege and were denied was not determined. Nearly 45 percent of drivers who received suspensions were granted conditional licenses before completing the suspension period. The implementation of the prompt suspension law coincided with a slight rise in the number and rate of chemical test refusals statewide. Several trial courts declared the prompt suspension law to be unconstitutional, most frequently on due process and double jeopardy grounds. The long-term impact of the prompt suspension law on case processing, highway safety, and recidivism awaits further study. Appendixes contain a 1994 Department of Motor Vehicles (DMV) memorandum and a DMV form. 13 references, 6 footnotes, and 8 tables