Tuesday, April 29, 2025
New York is one of only four states in the nation with an archaic law that stands in the way of prosecuting drugged drivers. It doesn’t permit drugged driving charges unless the drug is on a statutory list of controlled substances, no matter how impaired the driver is. Law enforcement officers must identify the drug before they can test the driver, and if it’s not on the list, they can’t charge the driver with DUI.
As a result, drivers are sometimes not held accountable for endangering innocent lives.
It is vital that this law be changed to close this loophole, so that law enforcement can make our roads safer by charging drivers who are under the influence of any impairing drug. In 2023, the National Transportation Safety Board recommended that New York eliminate the restrictive controlled-substance list.
With new synthetic drugs continually emerging, relying on a list is futile — especially since some of the most devastating vehicular accidents have involved individuals who were dangerously impaired by a mixture of drugs, making it difficult to precisely identify them. It’s important to note that when a driver is charged with DWI, the type of alcohol doesn’t need to be identified. It should be the same way with drugs.
I am a cosponsor of the Deadly Driving Bill (A.3981), I strongly advocate passing it right away, and I also support the governor’s drugged-driving budget proposal. It is paramount that we close this dangerous loophole in order to protect drivers and passengers across the state by getting dangerously impaired people off the road.
I commend the wide coalition of traffic safety advocates, public health organizations, criminal justice professionals, businesses and organizations that are working collaboratively to champion passage of this law. This has been a 17-year-long mission for Maureen McCormick, special assistant district attorney for legislative initiatives in Suffolk County, as well as for a growing list of Long Island families that have lost loved ones, the Coalition to Protect New Yorkers from Drugged Driving, the state District Attorneys Association and more than 40 other organizations.
My heart breaks for families that have experienced the devastating loss of loved ones, and those who are caring for family members with traumatic injuries. They have courageously shared their stories about their daughters, sons, mothers and fathers, conveying their immense loss in an effort to ensure that no other families feels the pain they have suffered. It’s astonishing that opposition to this bill remains.
In some states, there have been false claims of arrests for coffee, aspirin, or food allergies or additives. I can understand the concern about ensuring that laws are enforced equitably, and not used to target people based on race, but five years of drugged-driving arrest data by the Defense Criminal Investigative Service revealed that roughly 70 to 75 percent of those arrested were white, 11 to 14 percent were Black and 9 to 11 percent were Hispanic. If this law goes into effect, this data should continue to be tracked to ensure racial equity.
Here are some illuminating statistics reported by Newsday:
• About 41 percent of the 695 traffic fatalities in Suffolk County from 2019 to 2023 involved “substance-related” drivers, and about 35 percent in Nassau. Both counties are higher than the statewide rate of 31 percent. Nassau County’s traffic fatality rate, 4.8 deaths per 100,000 population, was slightly lower than the statewide average. The Institute for Traffic Safety Management and Research defines “substance-related” crashes as involving alcohol, illegal drugs and/or prescription medication, as recorded in police crash reports, tickets, and alcohol test and/or drug tests. (Testing positive for drugs or alcohol does not necessarily indicate impairment.)
• In New York, there was a 24 percent increase in roadway fatalities between 2018 and 2022, a 15 percent increase in fatalities involving drivers who had been drinking, and a 35 percent increase in drug-related driving fatalities.
• Between 2018 and 2022, the number of drivers refusing to take chemical tests doubled, from 11 to 22 percent. Drivers can refuse the test, unless a crash involves a serious injury or death.
• Between 2013 and 2022, there was an 87 percent increase in the number of drivers involved in fatal crashes who tested positive for at least one drug on the Public Health Law list. This number does not include drugs that are not on the list, or drivers who were not subjected to testing.
Judy Griffin represents the 21st Assembly District.
