A03208 Summary:

BILL NOA03208
 
SAME ASSAME AS S05117
 
SPONSOROrtiz
 
COSPNSRD'Urso, Simon, Englebright, Colton, Gottfried, Pichardo, Davila, Williams, Jaffee, Miller MG, Dickens, Cruz, Cook, Epstein, Crespo, Mosley
 
MLTSPNSR
 
Amd §1192, V & T L
 
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.
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A03208 Actions:

BILL NOA03208
 
01/28/2019referred to transportation
01/08/2020referred to transportation
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A03208 Committee Votes:

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A03208 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3208
 
SPONSOR: Ortiz
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to lowering the blood alcohol concentration required for driv- ing while intoxicated from .08 of one per centum to .05, and for aggra- vated driving while intoxicated from .ct.18 of one per centum to .ct.12   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to reduce alcohol-impaired driving acci- dents.   SUMMARY OF SPECIFIC PROVISIONS: Subdivision 2, paragraph (a) of subdivision 2-a of section 1192 of the vehicle and traffic law is amended to: *Change the definition of "driving while intoxicated" from .08 blood alcohol content (BAC) to .05; *Change the definition of "aggravated driving while intoxicated" from Subdivision 6 of section 1192 of the vehicle and traffic law is amended to: *Make consistent the maximum allowable BAC for drivers of commercial motor vehicles - the same level (.06).   JUSTIFICATION: Each year in the United States, nearly 10,000 people are killed in cras- hes involving alcohol-impaired drivers and more than 173,000 are injured. Since the mid-1990s, even as total highway fatalities have fallen, the proportion of deaths from accidents involving alcohol-im- paired drivers has remained constant at around 30 percent of all highway fatalities; nearly 440,000 people have died in alcohol related crashes. The National Transportation Safety Board has recently issued a recommen- dation to states to lower the blood alcohol content that constitutes drunk driving. Since 2004 all 50 states have set a BAC level of .08, reflecting the percentage of alcohol, by volume, in the blood. The Unites States trails the rest of the world in lowering the drunken driving standard. The Unites States has a more lenient BAC for drunk driving than 100 other countries; nearly all the European, Asian, and South American countries have adopted a standard lower than .08. When Australia dropped its BAC level from .08 to .05, provinces reported a 5-18 percent drop in highway fatalities. This bill would lower the allowable BAC 25% from the current level. New York State would be the first in the nation to adopt the lower standard and would set an example for the rest of the country that it has the will to make practical policy changes to reduce alcohol-related crashes.   PRIOR LEGISLATIVE HISTORY: 2014: A7565 Referred to Transportation 2015/16: A4369 Referred to Transportation 2017/18: A2302A Amend and Recommit to Transportation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State   EFFECTIVE DATE: 30 days after becoming law
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A03208 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3208
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2019
                                       ___________
 
        Introduced  by M. of A. ORTIZ, D'URSO, SIMON, ENGLEBRIGHT, COLTON, GOTT-
          FRIED, PICHARDO, DAVILA, WILLIAMS -- 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
    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.
                                                                   LBD06701-01-9

        A. 3208                             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.
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