STATE OF NEW YORK
________________________________________________________________________
2302--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Transportation -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07732-02-8
A. 2302--A 2
1 centum by weight of alcohol in the person's blood as shown by chemical
2 analysis of such person's blood, breath, urine or saliva, made pursuant
3 to the provisions of section eleven hundred ninety-four of this article;
4 provided, however, nothing contained in this subdivision shall prohibit
5 the imposition of a charge of a violation of subdivision one of this
6 section, or of section eleven hundred ninety-two-a of this article where
7 a person under the age of twenty-one operates a commercial motor vehicle
8 where a chemical analysis of such person's blood, breath, urine, or
9 saliva, made pursuant to the provisions of section eleven hundred nine-
10 ty-four of this article, indicates that such operator has .02 of one per
11 centum or more but less than .04 of one per centum by weight of alcohol
12 in such operator's blood.
13 6. Commercial motor vehicles; per se - level II. Notwithstanding the
14 provisions of section eleven hundred ninety-five of this article, no
15 person shall operate a commercial motor vehicle while such person has
16 more than [.06] .05 of one per centum [but less than .08 of one per
17 centum] by weight of alcohol in the person's blood as shown by chemical
18 analysis of such person's blood, breath, urine or saliva, made pursuant
19 to the provisions of section eleven hundred ninety-four of this article;
20 provided, however, nothing contained in this subdivision shall prohibit
21 the imposition of a charge of a violation of subdivision one of this
22 section.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law.