Tougher Penalties Sought for Driving Drunk With Children

"In 2007, more than 7,000 people were injured in accidents related to driver intoxication," Mr. Paterson said in a statement. "Of the 344 who lost their lives, nearly 200 were under the age of 14."

The current drunken driving law in New York State treats driving while intoxicated or impaired by alcohol as a misdemeanor or a traffic infraction on the first offense, depending on the level of blood alcohol content. The law does not treat those who drive drunk with a child passenger differently.

Cases of aggravated vehicular homicide or aggravated vehicular assault in which a child passenger is killed or seriously injured would be treated as violent felonies, with penalties ranging from 3½ to 25 years in prison.

In addition to tightening penalties, the proposed legislation would treat those caught on a first drunken-driving offense with a child passenger as "serious offenders" and require that they be subject to a mandatory interlock provision for one year. The provision requires the installation of a device that makes the car inoperable unless the driver demonstrates, via a breathalyzer test, that he or she is not under the influence of alcohol. Right now, the installation of interlock devices is left to judges' discretion.

At least 35 states have special "child endangerment" laws that impose higher sanctions against those who drive drunk with child passengers.

"Governor Paterson's legislation gives children a voice, a voice that should be heard loud and clear by anyone who would dare to transport a child while they are under the influence of alcohol or drugs," said Denise E. O'Donnell, commissioner of the New York State Division of Criminal Justice Services.

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