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.
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.
