24 SepIn New York, Even First Time DWI Offenders Face Harsh Penalties



The state of New York has a struck another blow in its war on drunk driving. Recently a new law was passed that requires anyone convicted of a DWI to have a breathalyzer-like device installed in their vehicle, requiring them to pass a sobriety test in order to start their car’s engine. This law is the 2nd part of the law named after Leandra Rosado and dubbed Leandra’s Law to be put in place. The first part of Leandra’s Law was enacted in December 2009. It made the act of driving over the legal limit a felony in the state of New York when a child younger than 15 was riding in the offender’s vehicle.

“This is another measure to stop an epidemic in New York State – to stop drunk driving,” said state Sen. Charles Fuschillo (R-L.I.), one of the law’s sponsors. “It takes away judicial discretion, and it requires a mandatory interlock.” It has been reported that 248 arrests have been made in the first 6 months since part one of Leandra’s Law took effect, and it is safe to assume that many more will follow with the law intensifying.

Nine other states have laws on the books requiring breathalyzer devices to be installed to start the cars of DWI offenders. New York’s implementation of the law does differ from the other states however. In New York, it does not matter whether the person was convicted of a misdemeanor or a felony DWI. The device is required after the first conviction, an important difference a Manhattan accident attorney notes. The severity of the DWI does come into play when determining the length that the device must be installed. A misdemeanor calls for a minimum of six months and a maximum of three years, while a felony caps out at five years with the same six-month minimum as a misdemeanor.

The official name of the mandatory device is an ignition interlock device, but it is sometimes referred to as a breathalyzer device or a breathalyzer-like device, as it functions similarly as a Breathalyzer. The driver of the automobile must supply an alcohol-free breath sample every time they wish to operate their vehicle. The ignition interlock device will also randomly require the driver to submit another sample of their breath. A Manhattan accident attorney explains that this done to prevent the driver from having someone else blow for them to start the vehicle.

In addition to the multiple breath samples it requires, the ignition interlock device is extremely sensitive. In fact, drivers with anything greater or equal to a .025 blood alcohol content reading will flunk, this despite the legal limit for driving in New York being .08. This is done because DWI offenders in the state of New York are not allowed to have any alcohol in their before driving. Don Prudente, the owner of DriveSafe Ignition Interlock of New York, an ignition interlock device supplier claims that, “It’s so sensitive, it picks up what they did the night before. It picks up their hangover.” These devices are expected to cost between $170 to $200 for installation, and $80 a month in maintenance and service fees, the cost to be paid by the DWI offender of course.

10 AprCHIP health insurance program explained

CHIP stands for Children’s Health Insurance Program and was initiated by the Congress in 1997. It is a special program connecting federal and state government with the aim to provide additional health coverage to uninsured children and future mothers who don’t have the financial abilities to purchase a separate individual policy but still don’t qualify for Medicaid.

On February 4, 2009, CHIP was expanded by President Obama’s passing of law on Children’s Health Insurance Program Reauthorization Act (CHIPRA). This expansion raises the number of children within CHIP from 7 million to 11 million and extends its payment through 2013.

Who qualifies for CHIP?

CHIP is something between Medicaid and private insurance plans. Those who have too much income for Medicaid but still can’t afford private plans may use CHIP.

CHIP eligibility rules are different in each state. Still, in the majority of states, children who are younger than 18 years old and whose families earn $44,100 or less a year are eligible for CHIP.

The number of family members strongly influences the income value making it possible to opt for CHIP. For instance, a family of four can earn up to $44,100 while a family of two the upper income limit for being eligible for CHIP is $29,140 a year.

What is the cost of CHIP?

It all depends on the place you live in and how much your family earns, but in most cases you will have to pay a small fee on a monthly basis in order to receive coverage. In some states you may also encounter start-up fees and co-payments for each service received. For instance, it will cost you $35 to start the coverage in Colorado and each doctor visit or service will cost you between $2 and $5.

With CHIP health insurance you get very low fees for the services, but they are quite often related to your family’s income. For example, the monthly fee for CHIP coverage in the state of New York is only $9 and children from families with higher income may apply. In the state of Illinois however, having an income between $44,000 and $66,156 per year will result in a $40 monthly premium paid for each child.

What are the benefits provided by CHIP?

The list benefits you can get through CHIP varies from one state do another. However there’s a minimum set of requirements the program is obliged to provide regardless of the location:

  • regular check-ups
  • immunizations
  • dental services
  • hospital care
  • emergency room services
  • laboratory and x-ray visits

As said earlier, in some states you will be required to pay certain fees for getting the coverage or cover a part of services provided through CHIP. Still, it is a strict requirement that preventive care is absolutely free in all states through CHIP.

CHIP can be a possibility to get cheap health insurance for those who really need it. Children are very important to us and having their health protected is very crucial for parents. Don’t try to save money on health insurance coverage for your children because there are programs like CHIP and Medicaid that can help you if your income doesn’t allow you to get medical coverage from a private insurance company.