Bill Text: NY A01232 | 2025-2026 | General Assembly | Introduced

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Bill Title: Lowers the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .05, and for aggravated driving while intoxicated from .18 per centum to .12.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced) 2025-01-09 - referred to transportation [A01232 Detail]

Download: New_York-2025-A01232-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1232

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2025
                                       ___________

        Introduced by M. of A. SIMON, EPSTEIN, GONZALEZ-ROJAS, DINOWITZ, SAYEGH,
          SEAWRIGHT,   RAGA,   GLICK,  McDONOUGH,  SHIMSKY,  LEVENBERG,  BERGER,
          BUTTENSCHON, DAVILA, ROZIC -- read once and referred to the  Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to lowering the
          blood  alcohol  concentration  required  for driving while intoxicated
          from .08 of one per centum to .05, and for  aggravated  driving  while
          intoxicated from .18 of one per centum to .12

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2, paragraph (a) of subdivision  2-a,  subdivi-
     2  sion 5 and subdivision 6 of section 1192 of the vehicle and traffic law,
     3  subdivision 2 as amended by chapter 3 of the laws of 2002, paragraph (a)
     4  of  subdivision  2-a  as  amended by chapter 496 of the laws of 2009 and
     5  subdivisions 5 and 6 as amended by chapter 236 of the laws of 2003,  are
     6  amended to read as follows:
     7    2.  Driving while intoxicated; per se. No person shall operate a motor
     8  vehicle while such person has [.08] .05 of one per  centum  or  more  by
     9  weight of alcohol in the person's blood as shown by chemical analysis of
    10  such  person's  blood,  breath,  urine  or  saliva, made pursuant to the
    11  provisions of section eleven hundred ninety-four of this article.
    12    (a) Per se. No person shall operate a motor vehicle while such  person
    13  has  [.18]  .12 of  one  per centum or more by weight of alcohol in such
    14  person's blood as shown by chemical analysis  of  such  person's  blood,
    15  breath, urine or saliva made pursuant to the provisions of section elev-
    16  en hundred ninety-four of this article.
    17    5.  Commercial  motor  vehicles: per se - level I. Notwithstanding the
    18  provisions of section eleven hundred ninety-five  of  this  article,  no
    19  person  shall  operate  a commercial motor vehicle while such person has
    20  .04 of one per centum or more but not more than  [.06]  .05 of  one  per
    21  centum  by  weight of alcohol in the person's blood as shown by chemical

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00478-01-5
        A. 1232                             2

     1  analysis of such person's blood, breath, urine or saliva, made  pursuant
     2  to the provisions of section eleven hundred ninety-four of this article;
     3  provided,  however, nothing contained in this subdivision shall prohibit
     4  the  imposition  of  a  charge of a violation of subdivision one of this
     5  section, or of section eleven hundred ninety-two-a of this article where
     6  a person under the age of twenty-one operates a commercial motor vehicle
     7  where a chemical analysis of such  person's  blood,  breath,  urine,  or
     8  saliva,  made pursuant to the provisions of section eleven hundred nine-
     9  ty-four of this article, indicates that such operator has .02 of one per
    10  centum or more but less than .04 of one per centum by weight of  alcohol
    11  in such operator's blood.
    12    6.  Commercial  motor vehicles; per se - level II. Notwithstanding the
    13  provisions of section eleven hundred ninety-five  of  this  article,  no
    14  person  shall  operate  a commercial motor vehicle while such person has
    15  more than [.06] .05 of one per centum [but less  than  .08  of  one  per
    16  centum]  by weight of alcohol in the person's blood as shown by chemical
    17  analysis of such person's blood, breath, urine or saliva, made  pursuant
    18  to the provisions of section eleven hundred ninety-four of this article;
    19  provided,  however, nothing contained in this subdivision shall prohibit
    20  the imposition of a charge of a violation of  subdivision  one  of  this
    21  section.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.