Bill Text: NY A02302 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 9-0)

Status: (Introduced - Dead) 2018-01-22 - print number 2302a [A02302 Detail]

Download: New_York-2017-A02302-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2302
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by M. of A. ORTIZ -- 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 .06, and for aggravated driving while
          intoxicated from .18 of one per centum to .14
          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 and subdi-
     2  vision 6 of section 1192 of the vehicle and traffic law,  subdivision  2
     3  as  amended  by chapter 3 of the laws of 2002, paragraph (a) of subdivi-
     4  sion 2-a as amended by chapter 496 of the laws of 2009 and subdivision 6
     5  as amended by chapter 236 of the laws of 2003, are amended  to  read  as
     6  follows:
     7    2.  Driving while intoxicated; per se. No person shall operate a motor
     8  vehicle while such person has [.08] .06 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]  .14 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    6.  Commercial  motor vehicles; per se - level II. 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  more than .06 of one per centum [but less than .08 of one per centum] by
    21  weight of alcohol in the person's blood as shown by chemical analysis of
    22  such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
    23  provisions  of  section  eleven  hundred  ninety-four  of  this article;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07732-01-7
        A. 2302                             2
     1  provided, however, nothing contained in this subdivision shall  prohibit
     2  the  imposition  of  a  charge of a violation of subdivision one of this
     3  section.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.