Thursday, October 1, 2026
Abroad bipartisan coalition recently launched “Days of Action,” calling on state legislators to pass the Deadly Driving Bill before the legislative session ends. It’s a simple fix with lifesaving potential: Close the outdated and dangerous loophole in our state’s drug-impaired-driving law that prevents prosecutors from holding visibly impaired drivers accountable unless the specific drug they used is on a pre-approved statutory list.
Right now, New York is one of only four states that still tie prosecution for drugged driving to a list of named substances. That means that if a driver is obviously impaired — staggering, slurring, endangering others on the road — but the drug they took isn’t listed, they can’t be prosecuted. This makes no sense in 2025. In fact, the National Transportation Safety Board recommended that New York eliminate this restriction back in 2023.
As the district attorney of Suffolk County, I have seen the devastation that drugged driving has caused innocent families on New York’s roads. I am dedicating the resources of my office to closing this loophole, because everyone in every community in every corner of this state deserves to be safe. New York needs to take action to save people’s lives.
That’s why my office, and dozens of others across the state, are backing this bill. It’s not just prosecutors. The coalition includes the District Attorneys Association of the State of New York, law enforcement leaders, physicians, addiction experts, and advocates from Mothers Against Drunk Driving, STOP-DWI, AAA, and Responsibility.org. We’ve come together with one goal: to stop allowing obviously impaired drivers to fall through legal cracks.
Despite misinformation from some opponents, this bill has nothing to do with legal cannabis. Cannabis-impaired driving has been prosecuted in New York for nearly 60 years, and nothing in this bill changes that. The legislation maintains the actual impairment standard long supported by groups like the National Organization for the Reform of Marijuana Laws. In short, if a driver isn’t impaired, they won’t be arrested — regardless of cannabis use.
This bill strengthens protections. It includes a five-year study period, annual legislative reporting to ensure enforcement equity, and robust safeguards like body-worn camera integration and medical affirmative defenses. These aren’t just good policy — they’re necessary steps to ensure fair and just enforcement.
The data also debunks claims of racial bias. A five-year review shows that 70 to 75 percent of those arrested for drugged driving in New York were white. Eleven to 14 percent were Black, and 9 to 11 percent were Hispanic. Still, the bill mandates ongoing demographic reporting to monitor enforcement and promote equity.
According to Thomas M. Louizou, a retired administrator for the National Highway Traffic Safety Administration, few measures lawmakers can pass this session would save more lives. He’s right. Every crash caused by an impaired driver who couldn’t be prosecuted is a failure of our legal system — and a tragedy that could have been prevented.
Kelly Poulsen, of Responsibility.org, stated it clearly: “New York, once a national leader in impaired driving prevention, must recognize that the loophole in this law is allowing visibly impaired drivers to avoid arrest and prosecution.” AAA Northeast echoed the urgency, calling on lawmakers to act before more lives are lost.
The Deadly Driving Bill — A3981a/S6485a — would give officers and prosecutors the tools they need to respond effectively to impairment on the road, regardless of what substance caused it. It would ensure that New York’s drugged-driving laws reflect science, not outdated statutes. And most important, it would prioritize safety over bureaucracy.
Let’s be clear: Behind every statistic is a shattered family. These aren’t numbers — they’re names, faces, futures stolen. This isn’t just a legal fix. It’s a moral obligation.
Albany has the chance to act. Let’s not let this session end without closing this deadly loophole.
Raymond A. Tierney, Suffolk County’s district attorney since 2022, is a career prosecutor with more than 30 years of experience at both the state and federal levels.
