Bill Text: NY A01627 | 2023-2024 | General Assembly | Introduced

---

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: Partisan Bill (Democrat 22-1)

Status: (Introduced) 2024-01-03 - referred to transportation [A01627 Detail]

Download: New_York-2023-A01627-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1627

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M. of A. SIMON, FAHY, EPSTEIN, GONZALEZ-ROJAS, DINOWITZ,
          SILLITTI, SAYEGH, JEAN-PIERRE -- read once and referred to the Commit-
          tee 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
    22  analysis  of such person's blood, breath, urine or saliva, made pursuant

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02953-01-3
        A. 1627                             2

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