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Updated 08/17/2010 06:11 AM

New drunk driving penalty raises concerns

By: Tamara Lindstrom

The penalty for driving drunk just got a little harsher in New York State. The second part of Leandra's law begins this week, requiring people convicted of drunk driving to install ignition interlock systems in their vehicles, but as Tamara Lindstrom reports, some say implementing the new law could be a bumpy ride.

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NEW YORK STATE -- The small, handheld device is meant to save lives.

"It's a mini breathalyzer, if you will and prior to starting their vehicle, they have to blow into the device and if there's an alcohol reading of .025 or greater the vehicle won't start," said DWI attorney Tom Anelli.

The ignition interlocking device is now a requirement for those convicted of a misdemeanor or felony DWI. It's part of Leandra's law, the legislation named for 11-year old Leandra Rosado who was killed by a drunk driver last October and while the device is expected to cut down on these crimes, it does come with a cost.

"The device itself is about a hundred dollars, and there's a monthly monitoring fee of about eighty to a hundred dollars," Anelli said. "That is being put on the DWI defendant. However, should the court find that the defendant can't afford it, that's probably going to be passed along to the taxpayers."

Anelli said monitoring the devices will cause extra work for overburdened probation agencies and while it's a step in the right direction to stop alcohol-related crashes, he says prevention is key.

"We'll promote the heck out of sales of beer, but we're not promoting the heck out of how you're going to get home. And if we work as hard as the beer sales folks do to sell their beer to get people home safely, we might be successful in that," Anelli said.

A message he hopes will reach drivers before another life is lost.