Bill Text: NY S00776 | 2023-2024 | 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: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S00776 Detail]

Download: New_York-2023-S00776-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           776

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by Sens. LIU, COMRIE, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON,
          RIVERA, SALAZAR, SEPULVEDA, STAVISKY -- read twice and ordered  print-
          ed,  and  when printed to be committed to the Committee on Transporta-
          tion

        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.
                                                                   LBD02953-01-3
        S. 776                              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.