State Senator Kemp Hannon said the Senate will act later this month on legislation that would crack down on drunk drivers by reducing the state's legal limit for blood alcohol to be charged with DWI to .08, and separate measures that would put in place stronger criminal penalties against repeat drunk drivers and drivers with very high blood alcohol levels.

"The Senate majority firmly believes that the best way to save lives on our roads is a comprehensive approach that not only reduces the BAC level to be charged with DWI to .08, but to put in place stronger penalties that get repeat drunk drivers off the roads," Hannon said. "The legislation that we will act on during our special session will bring New York State in compliance with the federal government and ensure that we do not lose any federal aid as a result of not having the .08 BAC level in place. The other bills that we will act on target repeat drunk drivers that pose such a huge danger on our roads, people who don't learn their lesson, people who should be behind bars, not the wheel of a car."

"We just had Thanksgiving and there was one less person at our table," said Dee Cornella of Floral Park, president of Mothers Against Drunk Driving (MADD) on Long Island. "Eleven years ago our 17-year-old daughter Amy was killed by a repeat drunk driver in Nassau County, and the driver was later arrested for drunk driving again. We must do everything possible to get repeat drunk drivers off the road so more families do not have to suffer."

The Senate plans on acting on the following legislation during its special session on Dec. 17:

This legislation (S.7868) would reduce the minimum blood alcohol level (BAC) to be charged with DWI from .10 to .08 to help deter people from drinking and driving. In addition, the Senate will act on a Chapter Amendment to this bill that addresses concerns raised by state police regarding more accurate and efficient methods to determine whether a person is intoxicated and impaired.

The bill includes several provisions that would increase criminal penalties, including mandatory jail terms or community service for DWI repeat offenders. New York State has already lost more than $22 million in federal highway construction funds because of the assembly's failure to act on these measures and stands to lose $20 million for highway construction if the Assembly does not act by Sept. 30, 2003 on these provisions:

* Five days jail or 30 hours community service for a DWI conviction with two or more prior DWI conviction within five years;

* Ten days jail or 60 hours community service for a DWI conviction with two or more prior DWI convictions within five years.

The bill would more than double the minimum fines for repeat DWI offenders from $1,000 to $2,500 for two DWI's within five years, and from $2,000 to $5,000 for three DWI's within 10 years. As part of sentencing, DWI repeat offenders must undergo an alcohol or drug dependency assessment. In addition, they will either have their automobile registration revoked or an ignition interlock device installed on their automobile. This choice would be at the discretion of the sentencing judge.

This bill would create the new crime of aggravated DWI, a Class E felony, when a person is convicted of DWI with a BAC of .20 or more. The average BAC of a driver charged with DWI is .17. The mandatory license revocation period would be increased from six months to one year for the first offense and fines range from $500 - $5,000.

The Senate will act on legislation that would:

* Strengthen Vehicular Assault 2nd and Vehicular Manslaughter 2nd by eliminating the need to prove criminal negligence by the defendant when their ability is impaired by alcohol or drugs (includes autos, snowmobiles, vessels and all-terrain vehicles) and

* Strengthen and broaden Vehicular Assault in the first degree and Vehicular Manslaughter in the first degree by adding these additional elements: considering when a person has recklessly caused serious physical injury or death; considering similar convictions of a substantial nature that occurred in other states and considering if a person has been convicted multiple times within the prior 10 years of any combination of any alcohol and drug driving offenses.

* Create the crime of Aggravated Vehicular Assault, a Class C felony, whereby a person recklessly causes the serious physical injury of another while driving while intoxicated or under the influence of drugs.