DA Tierney, coalition push to close ‘deadly loophole’ in drugged driving laws

The Deadly Driving Bill would allow police to charge drivers impaired by unlisted drugs that include prescription medications and synthetics.

Suffolk County District Attorney Raymond Tierney is leading a statewide push to close what he and other advocates call a “deadly loophole” in New York’s drugged driving laws — and he’s doing it before the legislative session ends in June.

Tierney and a large coalition of safety groups, prosecutors and traffic experts launched a “Days of Action” this week, calling on lawmakers to pass the bipartisan Deadly Driving Bill.

The measure would allow police to arrest obviously impaired drivers even if the drug they used isn’t on the state’s approved list. New York is one of just four states that ties prosecution to a specific list of substances — a system the National Transportation Safety Board recommended scrapping in 2023.

“As the District Attorney of Suffolk County, I have seen the devastation that drugged driving has caused innocent families on New York’s roads,” Tierney said. “I am dedicating the resources of my office to close these loopholes because everyone, from every community, in every corner of this state deserves to be safe.”

The campaign includes meetings with legislators in Albany, backed by dozens of letters, phone calls and social media messages urging passage of the bill before session ends.

Supporters say the bill would not impact the state’s cannabis laws.

New York has been prosecuting cannabis-impaired drivers for nearly 60 years, and this bill doesn’t change that. Instead, it targets new or obscure substances not yet listed in state law, such as nitazines, bromazolam or street versions of tranquilizers and synthetics.

“Few bills that the legislature can pass this session can be as significant and save as many lives as the Deadly Driving Law,” said Thomas M. Louizou, retired National Highway Traffic Safety Administration regional administrator.

The bill includes a five-year study period, annual reporting, and safeguards such as medical defenses and body camera integration. Tierney and others said these measures ensure fairness and transparency while helping stop dangerous drivers before someone gets hurt.

“Drivers who are high on substances like bromazolam, xylazine, Dust-Off, or chemically changed Mollies cannot currently be prosecuted,” the DA’s office said. “And when drugged drivers are not stopped, there is no intervention, treatment, assessment, supervision or behavior modification to stop drivers before they crash and kill.”

Top: GLI file photo/Suffolk County District Attorney Ray Tierney with Suffolk Sheriff Errol Toulon (background).