Proposed Bill Aims to Close Dangerous Drugged Driving Loophole in New York

As New York car accident lawyers, we are all too familiar with the pain and loss caused by drivers who choose to get behind the wheel while impaired. Tragically, under current New York law, many drug-impaired drivers escape accountability—until it’s too late.

Unlike in most states, New York requires that police identify the specific drug a driver has consumed before they can bring charges. If the drug isn’t on a pre-approved list—or if the driver refuses a toxicology test—prosecutors often have no legal recourse. This means dangerous drivers can remain on the road until they injure or kill someone.

A new bill proposed by Assemblyman Bill Magnarelli seeks to change that. The legislation would expand the definition of a drug to include any substance that impairs a driver—not just those currently listed in New York’s statute. If passed, New York would finally join the 46 other states that allow officers and prosecutors to act based on observable signs of impairment, rather than requiring precise chemical confirmation.

Supporters of the bill include families who have lost loved ones to drugged drivers. Many of them have been fighting for this change since 2007. Among them are the parents of Alex Rivera, a high school senior who was killed in a crash caused by a repeat drugged driver. The same driver had already been involved in two prior drug-related collisions. The Riveras, and many other families, have returned to Albany to demand action.

Governor Kathy Hochul has voiced support for closing the loophole, but political resistance remains. Assembly Speaker Carl Heastie has expressed concerns about potential overpolicing, particularly in communities of color, and the lack of a universal roadside test for drug impairment. However, as many prosecutors point out, video evidence and trained officer observations have proven reliable in other states without leading to widespread misuse.

The reality is this: impairment is impairment. Whether a driver is under the influence of alcohol, pills, or synthetic drugs, the danger to others on the road is the same. Waiting until a tragedy occurs is not a just or effective approach to public safety.

As attorneys who represent victims of catastrophic crashes, we believe this bill is long overdue. Holding impaired drivers accountable shouldn’t depend on whether an officer can name a specific drug or whether the driver chooses to cooperate with testing.

The families of victims like Alex Rivera deserve better—and so do all New Yorkers who share the road.

If you or a loved one has been injured by a suspected drugged driver in New York, contact the experienced car accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. Our top trial lawyers have recovered some of the highest verdicts and settlements in New York and are ready to fight for you. Call 212-943-1090 for a free consultation.