NEW YORK, NY – A broad coalition of district attorneys, lawmakers, victims’ families, and traffic safety and public health advocates will gather this Wednesday to urge reform of New York’s drugged driving laws, which they say have fallen dangerously behind science and national best practices. New York is one of only four states that still requires a statutory list of drugs for impaired driving enforcement, a system critics say enables dangerously impaired drivers to avoid arrest simply because the substance they used is not specifically named in the law.
Suffolk County District Attorney Raymond A. Tierney, Assemblyman Steve Stern (D–Dix Hills), and Senator Chris Ryan (D–50th District) will present a Legislative Symposium on Drugged Driving on Wednesday, December 10, 2025, at Touro University in Manhattan. The event aims to educate legislators and the public on the urgent need to modernize New York’s approach by focusing enforcement on a driver’s impairment, rather than whether the drug involved appears on an outdated list.
Senator Ryan and Assemblyman Stern sponsor the “Deadly Driving Bill” (S.6485c / A.3981c), one of several proposals that would eliminate the statutory list requirement and align New York with the 46 states that already use an impairment-based model.
Addressing Myths and Presenting Scientific Evidence
Speakers will dispel common misconceptionsm including the myth that removing the list could result in arrests for non-impairing behaviors such as drinking coffee, and will outline experiences from states like California, where list-free enforcement has operated for years without such issues. The symposium will also examine concerns about potential disparities in policing and present data showing that drugged driving enforcement in New York has not disproportionately affected minority drivers.
Topics will include:
- The scientific limitations of list-based laws
- The use of toxicology and oral fluid roadside screening
- Why the National Transportation Safety Board (NTSB) recommended eliminating New York’s list in 2023
- The importance of early intervention and treatment for impaired drivers
- Testimonies from crash victims and their families
The discussion will highlight a recent Long Island crash allegedly involving a driver impaired by unlisted nitrous oxide who struck DOT workers — an example advocates say proves that public danger has nothing to do with whether a drug appears on a statute.
Statements From Prosecutors and Safety Leaders
It is common sense that all substance-impaired drivers are dangerous, whether they are drinking alcohol, taking fentanyl, or huffing nitrous oxide,” said District Attorney Tierney. “Laws that only target some of these drivers leave everyone else exposed to catastrophic, unpredictable harm. It’s past time to fix this.”
Drugged driving is a statewide public safety issue that demands statewide legislative action,” said Manhattan District Attorney Alvin Bragg. “I strongly support the Deadly Driving Bill and am proud to stand with D.A. Tierney, Senator Ryan, Assembly Member Stern, and our community leaders as we push for its passage this session.”
Passing this legislation will give us more tools to hold dangerous drivers accountable and ultimately make our streets safer,” said Bronx District Attorney Darcel D. Clark.
Our laws have not kept pace with the growing crisis of drug-impaired driving,” said Brooklyn District Attorney Eric Gonzalez. “The Deadly Driving Bill closes critical loopholes that prevent us from prosecuting impaired drivers using substances not covered by outdated statute.”
When a person is arrested for drunk driving, officers do not need to know what type of alcohol the driver consumed,” said Queens District Attorney Melinda Katz. “The same should be true for drugged driving. Lives will be saved by passing this law.”
Traffic safety experts echoed the call for reform.
New York State can and should be doing more to align with the rest of the country by including all impairing substances,” said Darrin Grondel, Senior Vice President of Traffic Safety at the Foundation for Advancing Alcohol Responsibility (FAAR).
An arrest can be a lifesaving wake-up call,” added Dr. Jeffrey Reynolds, President and CEO of Family and Children’s Association. “Strong laws save lives and protect public health.”
Statewide DA Association and STOP-DWI Leaders Support Reform
The data supports what our county coordinators see every day,” said Lindsay Tomidy, Chair of the NYS STOP-DWI Coordinators’ Association. “Drugged and mix-substance driving is increasing exponentially, while the tools needed to address this crisis lag behind most of the country.”
The Deadly Driving Bill would finally close the loophole that allows impaired drivers to escape arrest simply because the substance they used is not on a list,” said Mary Pat Donnelly, Rensselaer County District Attorney and President of the District Attorneys Association of the State of New York.
A Growing Crisis on New York Roadways
Data from the Division of Criminal Justice Services and ITSMR underscores the scope of the problem:
- Drug-related driving fatalities rose 33% in the five years ending in 2022.
- Drivers in fatal crashes testing positive for at least one listed drug increased 87% between 2013 and 2022 – a significant undercount, as unlisted drugs are not included.
- Only 13% of impaired driving arrests in 2022 involved drugs, despite record levels of substance use.
- Test refusals rose to 22%, nearly doubling since 2018.
- Only 53.7% of fatally injured drivers in New York were tested for drugs, meaning impairment is unknown for nearly half of fatal crashes.
Sixty-six percent of fatal and injury-related drugged driving crashes occurred between 6 a.m. and 9 p.m., highlighting risks during peak travel hours.
Key Provisions of the Proposed Legislation
The Deadly Driving Bill would:
- Replace the statutory drug list with a science-based impairment standard
- Authorize oral fluid roadside drug screening
- Expand toxicology testing protocols
- Require drug recognition evaluations by specially trained officers
- Mandate body-worn camera documentation
- Preserve a medical affirmative defense
- Require racial and demographic data reporting
- Include a five-year sunset clause
Importantly, the bill does not expand police authority to conduct vehicle stops.
New York’s drugged driving laws allow drivers who are impaired by substances such as propofol, nitrous oxide, xylazine (“tranq”), bromazolam (“street xanax”), emerging synthetics and others, to legally operate vehicles, threatening the lives of pedestrians and everyone on the road.
Call to Action
District Attorney Tierney urges members of the public, policymakers, and all who support stronger drugged driving protections to attend the free symposium. Advance registration is required.
