Articles Tagged with impaired driver loophole

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.