In light of last week’s alcohol-fueled tragedy in which a young girl was killed, The Queens Courier takes a look at the staggering number of people who drive while impaired, and the lives they affect…
Within the last 10 years, the number of drunk driving arrests in Queens has increased by almost 800 percent. In 1994, 32 adults were charged in Queens County for driving while intoxicated and in 2004, a staggering 252 arrests were made.
Many people do not understand the difference between driving while intoxicated and driving while under the influence of alcohol or drugs. Driving while intoxicated requires a blood alcohol content or BAC level of .08. Driving while under the influence involves a BAC level between .05 and .079.
This past May, the New York State Assembly unanimously passed Vasean’s Law, a bill that promised to stiffen the punishments for drivers arrested on DWI charges resulting in either death or serious injury. The bill was named after Vasean Phillip Alleyne, an 11-year-old killed by a drunk driver late last year in Queens.
Before the passage of Vasean’s Law, even DWI offenses leading to a death or serious injury were considered mere misdemeanors, carrying a penalty of one year imprisonment and/or a fine of $500 to $1,000.
Very few drunk drivers who contributed to another person’s death were charged with vehicular manslaughter or assault prior to Vasean’s Law. The requirements for such a charge included the need to prove criminal negligence. Police needed to show that the driver was speeding or driving recklessly to make the charges stick.
Vasean’s Law imposes a much stiffer fine on violators of drunk driving laws. The new law eliminated the need to prove recklessness or negligence, assuming the accident was a direct result of driving while intoxicated.
Although last Thursday’s tragic accident resulted in death for one teenager, the driver responsible will not be charged under Vasean’s Law. Her BAC level was below the limit for a DWI felony.
“New York State should adapt a zero tolerance for DWIs and DUIs,” said Monica Dixon, mother of Alleyne and strong supporter of Vasean’s Law. “There should be no BAC level that is acceptable to drive with. Driving after drinking any alcohol should not be allowed and violators should be charged with a felony.”
Driving under the influence of drugs or alcohol is a growing problem in New York City. The NYPD website confirms that 3,200 DWI arrests have been made in the first half of 2005, 20 percent more than in the first half of 2004. Political and community leaders urge New Yorkers to recognize that driving is a privilege and not a right and drunk driving is not an accident but a criminal act.
