Legislation that would hold drunken drivers more accountable if they cause serious injuries was approved by a Senate committee today. The bill, authored by Senate President Steve Sweeney and Senator Kevin O’Toole, would remove the presumption of non-imprisonment now given to first-time offenders convicted of causing serious bodily injury while driving while intoxicated.

“Drunk drivers who hit and injure other motorists or pedestrians shouldn’t get a ‘stay out of jail’ card,” said Senator Sweeney. “If they get behind the wheel of a car while intoxicated and cause serious harm to others they should be held accountable. There shouldn’t be a presumption of no jail time in these cases.”

“By raising the penalties to fit the crime on a person’s first offense, this legislation will help deter drunken driving, which caused 32 percent of New Jersey’s fatal motor vehicle crashes in 2013, according to the latest available state police data,” Senator O’Toole said. “Since 1995, the recidivism rate among drivers arrested for DWI is 25 percent, according to the National Highway Traffic Safety Administration. This bill will also directly prevent repeat DWI incidents during the time offenders are incarcerated, and we hope that while they are in jail, first-time offenders will realize that drinking and driving is never worth the risk.”

Under current law, assault-by-auto resulting in serious bodily injury committed by a drunken driver is a crime of the third degree. First offenders convicted of crimes of the third or fourth degree are afforded a presumption of non-imprisonment.

This bill would add causing serious bodily injury while driving drunk to the list of crimes for which the presumption of non-imprisonment for first offenders would no longer apply.

The measure was written in response to a 2014 motor vehicle accident during which a drunk driver struck a Monroe Township police officer conducting a traffic stop on the Black Horse Pike. The officer, Anthony Vezza, was hit by a motorist with a blood alcohol content of .31, which is almost 4 times the legal limit. Two other people were also injured.

The collision caused Officer Vezza to suffer serious injuries to his right leg resulting in four surgeries during a two-week stay at Cooper Hospital. Officer Vezza will likely never be able to run again or bend properly, which forced him to retire on a medical disability.

The legislation was approved unanimously by the Senate Law and Public Safety Committee.

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