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A bill sponsored by Democratic Sen. John Mannion and co-sponsored by two Republicans would change the definition of “drug” in the vehicle and traffic law to include any substance or combination of substances that impairs one’s ability to drive.
Under current state law, drivers who are obviously impaired by a drug can only be arrested and prosecuted if the substance they are on is listed in a specific section of the Public Health Law.
The problem, proponents argue, is that hundreds of impairing substances are notably not on that list, including things like “Dust Off” computer cleaner, xylazine (also known as “tranq”), and several new synthetic drugs.
To avoid arrest, a suspected impaired driver can simply refuse to tell police what substance they’ve ingested and refuse to take an identifying test.
“This is dangerous and it must be changed,” said Suffolk County District Attorney Raymond Tierney, one of several top prosecutors who rallied in support of the bill in the Bronx on Thursday, May 9.
“No one is immune from becoming a victim of a drugged driving crash,” he continued. “This Mother’s Day weekend, there will be needlessly empty seats at family tables because of people killed by the preventable crime of impaired driving.”
Thursday’s press conference took place near where 67-year-old Mohammad Rahman was struck and killed by a suspected drugged driver while walking to a mosque in September 2023.
His death came amid a 35-percent increase in drug-related traffic fatalities that occurred across New York between 2018 and 2022, according to Tierney’s office. Of the drivers that were evaluated during that same period, those refusing chemical testing doubled from 11 percent to 22 percent.
“Thus, these drivers are not held responsible causing them to sidestep drugged driving license repercussions and avoid intervention, treatment, or behavior modification to prevent the driver from driving drugged again,” Tierney said.
The number of drivers in fatal crashes testing positive for at least one drug on the Public Health Law list rose 87 percent in the decade ending in 2022, according to the Institute for Traffic Safety Management and Research.
As of 2022, New York was one of only four states that still use a list for drugged driving, according to the National Transportation Safety Board (NTSB). The agency sent letters to those state governors in January 2023 recommending impaired driving charges for all drugs, regardless of whether or not they are on a list.
“Drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity, and economic status every day in every community in New York State," said Tierney.
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