Lowers 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 per centum to .14.
STATE OF NEW YORK
________________________________________________________________________
7565
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
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.
LBD11235-01-3
A. 7565 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.
