Amd §§1194, 1193 & 1192, ren §119-b to be §119-c, add §§119-b & 120-a, V & T L
Relates to procedures relating to driving while ability impaired by drugs; defines impairment and intoxication; updates procedures for field testing of drivers suspected of being under the influence of drugs to include the use of oral/bodily fluid tests; provides that refusal to submit to such field tests is specified to be a traffic infraction; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
6485--B
2025-2026 Regular Sessions
IN SENATE
March 14, 2025
___________
Introduced by Sens. C. RYAN, ADDABBO, ASHBY, BORRELLO, CANZONERI-FITZPA-
TRICK, COMRIE, FAHY, FERNANDEZ, GALLIVAN, GRIFFO, HELMING, JACKSON,
LIU, MARTINEZ, MARTINS, MATTERA, MAYER, MURRAY, OBERACKER, O'MARA,
PALUMBO, RAMOS, RHOADS, ROLISON, SCARCELLA-SPANTON, SKOUFIS, STEC,
TEDISCO, WALCZYK, WEBER, WEIK -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to procedures
relating to driving while ability impaired by drugs; and providing for
the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 119-b of the vehicle and traffic law is renumbered
2 119-c and a new section 119-b is added to read as follows:
3 § 119-b. Impaired. Impairment is reached when a driver has voluntarily
4 consumed or ingested alcohol or any substance listed in section thirty-
5 three hundred six of the public health law and cannabis and concentrated
6 cannabis as defined in section 222.00 of the penal law to the extent
7 that the driver has impaired, to any extent, the physical and mental
8 abilities which a driver is expected to possess in order to operate a
9 vehicle as a reasonable and prudent driver.
10 § 2. The vehicle and traffic law is amended by adding a new section
11 120-a to read as follows:
12 § 120-a. Intoxication. Intoxication is a greater degree of impairment
13 which is reached when a driver has voluntarily consumed or ingested
14 alcohol or a substance or combination of substances to the extent that
15 the driver is incapable, to a substantial extent, of employing the phys-
16 ical and mental abilities which a driver is expected to possess in order
17 to operate a vehicle as a reasonable and prudent driver.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00438-08-5
S. 6485--B 2
1 § 3. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf-
2 fic law, as added by chapter 47 of the laws of 1988, paragraph (a) of
3 subdivision 2 as amended by chapter 196 of the laws of 1996, paragraphs
4 (b) and (c) of subdivision 2 as amended by chapter 489 of the laws of
5 2017, clause (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph
6 (b) and subparagraphs 1, 2 and 3 of paragraph (c) of subdivision 2 as
7 amended by chapter 27 of the laws of 2018, subparagraphs 1 and 2 of
8 paragraph (d) of subdivision 2 as amended by chapter 732 of the laws of
9 2006, and item (iii) of clause c of subparagraph 1 of paragraph (d) of
10 subdivision 2 as amended by section 37 of part LL of chapter 56 of the
11 laws of 2010, are amended to read as follows:
12 1. Arrest and field testing. (a) Arrest. Notwithstanding the
13 provisions of section 140.10 of the criminal procedure law, a police
14 officer may, without a warrant, arrest a person, in case of a violation
15 of subdivision one of section eleven hundred ninety-two of this article,
16 if such violation is coupled with an accident or collision in which such
17 person is involved, which in fact has been committed, though not in the
18 police officer's presence, when the officer has reasonable cause to
19 believe that the violation was committed by such person.
20 (b) Field testing. Every person operating a motor vehicle which has
21 been involved in an accident or which is operated in violation of any of
22 the provisions of this chapter shall, at the request of a police offi-
23 cer, submit to a breath test and/or oral/bodily fluid test to be admin-
24 istered by the police officer. If such test indicates that such operator
25 has consumed alcohol or a drug or drugs, the police officer may request
26 such operator to submit to a chemical test in the manner set forth in
27 subdivision two of this section.
28 (c) Refusal to submit to a breath test and/or oral/bodily fluid test
29 pursuant to paragraph (b) of this subdivision shall be a traffic infrac-
30 tion.
31 2. Chemical tests. (a) When authorized. Any person who operates a
32 motor vehicle in this state shall be deemed to have given consent to a
33 chemical test of one or more of the following: breath, blood, urine, or
34 [saliva] oral/bodily fluid, for the purpose of determining the alcoholic
35 and/or drug content [of the blood] provided that such test is adminis-
36 tered by or at the direction of a police officer with respect to a chem-
37 ical test of breath, urine or [saliva] oral/bodily fluid or, with
38 respect to a chemical test of blood, at the direction of a police offi-
39 cer[:
40 (1) having reasonable grounds to believe such person to have been
41 operating in violation of any subdivision of section eleven hundred
42 ninety-two of this article and within two hours after such person has
43 been placed under arrest for any such violation; or having reasonable
44 grounds to believe such person to have been operating in violation of
45 section eleven hundred ninety-two-a of this article and within two hours
46 after the stop of such person for any such violation,
47 (2) within two hours after a breath test, as provided in paragraph (b)
48 of subdivision one of this section, indicates that alcohol has been
49 consumed by such person and in accordance with the rules and regulations
50 established by the police force of which the officer is a member;
51 (3) for the purposes of this paragraph, "reasonable grounds" to
52 believe that a person has been operating a motor vehicle after having
53 consumed alcohol in violation of section eleven hundred ninety-two-a of
54 this article shall be determined by viewing the totality of circum-
55 stances surrounding the incident which, when taken together, indicate
56 that the operator was driving in violation of such subdivision. Such
S. 6485--B 3
1 circumstances may include any visible or behavioral indication of alco-
2 hol consumption by the operator, the existence of an open container
3 containing or having contained an alcoholic beverage in or around the
4 vehicle driven by the operator, or any other evidence surrounding the
5 circumstances of the incident which indicates that the operator has been
6 operating a motor vehicle after having consumed alcohol at the time of
7 the incident; or
8 (4) notwithstanding any other provision of law to the contrary, no
9 person under the age of twenty-one shall be arrested for an alleged
10 violation of section eleven hundred ninety-two-a of this article.
11 However, a person under the age of twenty-one for whom a chemical test
12 is authorized pursuant to this paragraph may be temporarily detained by
13 the police solely for the purpose of requesting or administering such
14 chemical test whenever arrest without a warrant for a petty offense
15 would be authorized in accordance with the provisions of section 140.10
16 of the criminal procedure law or paragraph (a) of subdivision one of
17 this section].
18 (b) Report of refusal. [(1)] If: [(A)] (1) such person having been
19 placed under arrest; or [(B)] (2) after a breath and/or oral/bodily
20 fluid test indicates the presence of alcohol and/or a drug or drugs in
21 the person's system; or [(C)] (3) with regard to a person under the age
22 of twenty-one, there are reasonable grounds to believe that such person
23 has been operating a motor vehicle after having consumed alcohol in
24 violation of section eleven hundred ninety-two-a of this article; and
25 having thereafter been requested to submit to such chemical test and
26 having been informed that the person's license or permit to drive and
27 any non-resident operating privilege shall be immediately suspended and
28 subsequently revoked, or, for operators under the age of twenty-one for
29 whom there are reasonable grounds to believe that such operator has been
30 operating a motor vehicle after having consumed alcohol in violation of
31 section eleven hundred ninety-two-a of this article, shall be revoked
32 for refusal to submit to such chemical test or any portion thereof,
33 whether or not the person is found guilty of the charge for which such
34 person is arrested or detained, refuses to submit to such chemical test
35 or any portion thereof, [unless a court order has been granted pursuant
36 to subdivision three of this section,] the test shall not be given and a
37 written report of such refusal shall be immediately made by the police
38 officer before whom such refusal was made. Such report may be verified
39 by having the report sworn to, or by affixing to such report a form
40 notice that false statements made therein are punishable as a class A
41 misdemeanor pursuant to section 210.45 of the penal law and such form
42 notice together with the subscription of the deponent shall constitute a
43 verification of the report.
44 [(2) The report of the police officer shall set forth reasonable
45 grounds to believe such arrested person or such detained person under
46 the age of twenty-one had been driving in violation of any subdivision
47 of section eleven hundred ninety-two or eleven hundred ninety-two-a of
48 this article, that said person had refused to submit to such chemical
49 test, and that no chemical test was administered pursuant to the
50 requirements of subdivision three of this section. The report shall be
51 presented to the court upon arraignment of an arrested person, provided,
52 however, in the case of a person under the age of twenty-one, for whom a
53 test was authorized pursuant to the provisions of subparagraph two or
54 three of paragraph (a) of this subdivision, and who has not been placed
55 under arrest for a violation of any of the provisions of section eleven
56 hundred ninety-two of this article, such report shall be forwarded to
S. 6485--B 4
1 the commissioner within forty-eight hours in a manner to be prescribed
2 by the commissioner, and all subsequent proceedings with regard to
3 refusal to submit to such chemical test by such person shall be as set
4 forth in subdivision three of section eleven hundred ninety-four-a of
5 this article.
6 (3) For persons placed under arrest for a violation of any subdivision
7 of section eleven hundred ninety-two of this article, the license or
8 permit to drive and any non-resident operating privilege shall, upon the
9 basis of such written report, be temporarily suspended by the court
10 without notice pending the determination of a hearing as provided in
11 paragraph (c) of this subdivision. Copies of such report must be trans-
12 mitted by the court to the commissioner and such transmittal may not be
13 waived even with the consent of all the parties. Such report shall be
14 forwarded to the commissioner within forty-eight hours of such arraign-
15 ment.
16 (4) The court or the police officer, in the case of a person under the
17 age of twenty-one alleged to be driving after having consumed alcohol,
18 shall provide such person with a scheduled hearing date, a waiver form,
19 and such other information as may be required by the commissioner. If a
20 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
21 vision three of section eleven hundred ninety-four-a of this article, is
22 waived by such person, the commissioner shall immediately revoke the
23 license, permit, or non-resident operating privilege, as of the date of
24 receipt of such waiver in accordance with the provisions of paragraph
25 (d) of this subdivision.
26 (c) Hearings. Any person whose license or permit to drive or any non-
27 resident driving privilege has been suspended pursuant to paragraph (b)
28 of this subdivision is entitled to a hearing in accordance with a hear-
29 ing schedule to be promulgated by the commissioner. If the department
30 fails to provide for such hearing fifteen days after the date of the
31 arraignment of the arrested person, the license, permit to drive or
32 non-resident operating privilege of such person shall be reinstated
33 pending a hearing pursuant to this section. The hearing shall be limited
34 to the following issues: (1) did the police officer have reasonable
35 grounds to believe that such person had been driving in violation of any
36 subdivision of section eleven hundred ninety-two of this article; (2)
37 did the police officer make a lawful arrest of such person; (3) was such
38 person given sufficient warning, in clear or unequivocal language, prior
39 to such refusal that such refusal to submit to such chemical test or any
40 portion thereof, would result in the immediate suspension and subsequent
41 revocation of such person's license or operating privilege whether or
42 not such person is found guilty of the charge for which the arrest was
43 made; and (4) did such person refuse to submit to such chemical test or
44 any portion thereof. If, after such hearing, the hearing officer,
45 acting on behalf of the commissioner, finds on any one of said issues in
46 the negative, the hearing officer shall immediately terminate any
47 suspension arising from such refusal. If, after such hearing, the hear-
48 ing officer, acting on behalf of the commissioner finds all of the
49 issues in the affirmative, such officer shall immediately revoke the
50 license or permit to drive or any non-resident operating privilege in
51 accordance with the provisions of paragraph (d) of this subdivision. A
52 person who has had a license or permit to drive or non-resident operat-
53 ing privilege suspended or revoked pursuant to this subdivision may
54 appeal the findings of the hearing officer in accordance with the
55 provisions of article three-A of this chapter. Any person may waive the
56 right to a hearing under this section. Failure by such person to appear
S. 6485--B 5
1 for the scheduled hearing shall constitute a waiver of such hearing,
2 provided, however, that such person may petition the commissioner for a
3 new hearing which shall be held as soon as practicable.
4 (d) Sanctions. (1) Revocations. a. Any license which has been revoked
5 pursuant to paragraph (c) of this subdivision shall not be restored for
6 at least one year after such revocation, nor thereafter, except in the
7 discretion of the commissioner. However, no such license shall be
8 restored for at least eighteen months after such revocation, nor there-
9 after except in the discretion of the commissioner, in any case where
10 the person has had a prior revocation resulting from refusal to submit
11 to a chemical test, or has been convicted of or found to be in violation
12 of any subdivision of section eleven hundred ninety-two or section elev-
13 en hundred ninety-two-a of this article not arising out of the same
14 incident, within the five years immediately preceding the date of such
15 revocation; provided, however, a prior finding that a person under the
16 age of twenty-one has refused to submit to a chemical test pursuant to
17 subdivision three of section eleven hundred ninety-four-a of this arti-
18 cle shall have the same effect as a prior finding of a refusal pursuant
19 to this subdivision solely for the purpose of determining the length of
20 any license suspension or revocation required to be imposed under any
21 provision of this article, provided that the subsequent offense or
22 refusal is committed or occurred prior to the expiration of the
23 retention period for such prior refusal as set forth in paragraph (k) of
24 subdivision one of section two hundred one of this chapter.
25 b. Any license which has been revoked pursuant to paragraph (c) of
26 this subdivision or pursuant to subdivision three of section eleven
27 hundred ninety-four-a of this article, where the holder was under the
28 age of twenty-one years at the time of such refusal, shall not be
29 restored for at least one year, nor thereafter, except in the discretion
30 of the commissioner. Where such person under the age of twenty-one years
31 has a prior finding, conviction or youthful offender adjudication
32 resulting from a violation of section eleven hundred ninety-two or
33 section eleven hundred ninety-two-a of this article, not arising from
34 the same incident, such license shall not be restored for at least one
35 year or until such person reaches the age of twenty-one years, whichever
36 is the greater period of time, nor thereafter, except in the discretion
37 of the commissioner.
38 c. Any commercial driver's license which has been revoked pursuant to
39 paragraph (c) of this subdivision based upon a finding of refusal to
40 submit to a chemical test, where such finding occurs within or outside
41 of this state, shall not be restored for at least eighteen months after
42 such revocation, nor thereafter, except in the discretion of the commis-
43 sioner, but shall not be restored for at least three years after such
44 revocation, nor thereafter, except in the discretion of the commission-
45 er, if the holder of such license was operating a commercial motor vehi-
46 cle transporting hazardous materials at the time of such refusal. Howev-
47 er, such person shall be permanently disqualified from operating a
48 commercial motor vehicle in any case where the holder has a prior find-
49 ing of refusal to submit to a chemical test pursuant to this section or
50 has a prior conviction of any of the following offenses: any violation
51 of section eleven hundred ninety-two of this article; any violation of
52 subdivision one or two of section six hundred of this chapter; or has a
53 prior conviction of any felony involving the use of a motor vehicle
54 pursuant to paragraph (a) of subdivision one of section five hundred
55 ten-a of this chapter. Provided that the commissioner may waive such
S. 6485--B 6
1 permanent revocation after a period of ten years has expired from such
2 revocation provided:
3 (i) that during such ten year period such person has not been found to
4 have refused a chemical test pursuant to this section and has not been
5 convicted of any one of the following offenses: any violation of section
6 eleven hundred ninety-two of this article; refusal to submit to a chemi-
7 cal test pursuant to this section; any violation of subdivision one or
8 two of section six hundred of this chapter; or has a prior conviction of
9 any felony involving the use of a motor vehicle pursuant to paragraph
10 (a) of subdivision one of section five hundred ten-a of this chapter;
11 (ii) that such person provides acceptable documentation to the commis-
12 sioner that such person is not in need of alcohol or drug treatment or
13 has satisfactorily completed a prescribed course of such treatment; and
14 (iii) after such documentation is accepted, that such person is grant-
15 ed a certificate of relief from disabilities or a certificate of good
16 conduct pursuant to article twenty-three of the correction law by the
17 court in which such person was last penalized.
18 d. Upon a third finding of refusal and/or conviction of any of the
19 offenses which require a permanent commercial driver's license revoca-
20 tion, such permanent revocation may not be waived by the commissioner
21 under any circumstances.
22 (2) Civil penalties. Except as otherwise provided, any person whose
23 license, permit to drive, or any non-resident operating privilege is
24 revoked pursuant to the provisions of this section shall also be liable
25 for a civil penalty in the amount of five hundred dollars except that if
26 such revocation is a second or subsequent revocation pursuant to this
27 section issued within a five year period, or such person has been
28 convicted of a violation of any subdivision of section eleven hundred
29 ninety-two of this article within the past five years not arising out of
30 the same incident, the civil penalty shall be in the amount of seven
31 hundred fifty dollars. Any person whose license is revoked pursuant to
32 the provisions of this section based upon a finding of refusal to submit
33 to a chemical test while operating a commercial motor vehicle shall also
34 be liable for a civil penalty of five hundred fifty dollars except that
35 if such person has previously been found to have refused a chemical test
36 pursuant to this section while operating a commercial motor vehicle or
37 has a prior conviction of any of the following offenses while operating
38 a commercial motor vehicle: any violation of section eleven hundred
39 ninety-two of this article; any violation of subdivision two of section
40 six hundred of this chapter; or has a prior conviction of any felony
41 involving the use of a commercial motor vehicle pursuant to paragraph
42 (a) of subdivision one of section five hundred ten-a of this chapter,
43 then the civil penalty shall be seven hundred fifty dollars. No new
44 driver's license or permit shall be issued, or non-resident operating
45 privilege restored to such person unless such penalty has been paid. All
46 penalties collected by the department pursuant to the provisions of this
47 section shall be the property of the state and shall be paid into the
48 general fund of the state treasury.
49 (3) Effect of rehabilitation program. No period of revocation arising
50 out of this section may be set aside by the commissioner for the reason
51 that such person was a participant in the alcohol and drug rehabili-
52 tation program set forth in section eleven hundred ninety-six of this
53 article.
54 (e) Regulations. The commissioner shall promulgate such rules and
55 regulations as may be necessary to effectuate the provisions of subdivi-
56 sions one and two of this section.
S. 6485--B 7
1 (f) Evidence. Evidence of a refusal to submit to such chemical test or
2 any portion thereof shall be admissible in any trial, proceeding or
3 hearing based upon a violation of the provisions of section eleven
4 hundred ninety-two of this article but only upon a showing that the
5 person was given sufficient warning, in clear and unequivocal language,
6 of the effect of such refusal and that the person persisted in the
7 refusal.
8 (g) Results. Upon the request of the person who was tested, the
9 results of such test shall be made available to such person.]
10 3. Compulsory chemical tests. (a) Court ordered chemical tests.
11 Notwithstanding the provisions of subdivision two of this section, no
12 person who operates a motor vehicle in this state may refuse to submit
13 to a chemical test of one or more of the following: breath, blood, urine
14 or [saliva] oral/bodily fluids, for the purpose of determining the alco-
15 holic and/or drug content of the blood or oral/bodily fluids when a
16 court order for such chemical test has been issued in accordance with
17 the provisions of this subdivision.
18 (b) When authorized. Upon refusal by any person to submit to a chemi-
19 cal test or any portion thereof as described above, the test shall not
20 be given unless a police officer or a district attorney, as defined in
21 subdivision thirty-two of section 1.20 of the criminal procedure law,
22 requests and obtains a court order to compel a person to submit to a
23 chemical test to determine the alcoholic [or] and/or drug content of the
24 person's blood or oral/bodily fluids upon a finding of reasonable cause
25 to believe that:
26 (1) such person was the operator of a motor vehicle and in the course
27 of such operation [a person other than the operator was killed or
28 suffered serious physical injury as defined in section 10.00 of the
29 penal law]; and
30 (2) a. either such person operated the vehicle in violation of any
31 subdivision of section eleven hundred ninety-two of this article, or
32 b. a breath test and/or oral/bodily fluid test administered by a
33 police officer in accordance with paragraph (b) of subdivision one of
34 this section indicates that alcohol and/or a drug or drugs has been
35 consumed by such person; and
36 (3) such person has been placed under lawful arrest; and
37 (4) such person has refused to submit to a chemical test or any
38 portion thereof, requested in accordance with the provisions of para-
39 graph (a) of subdivision two of this section or is unable to give
40 consent to such a test.
41 (c) Reasonable cause; definition. For the purpose of this subdivision
42 "reasonable cause" shall be determined by viewing the totality of
43 circumstances surrounding the incident which, when taken together, indi-
44 cate that the operator was driving in violation of section eleven
45 hundred ninety-two of this article. Such circumstances may include, but
46 are not limited to: evidence that the operator was operating a motor
47 vehicle in violation of any provision of this article or any other
48 moving violation at the time of the incident; any visible indication of
49 alcohol or drug consumption or impairment by the operator; the existence
50 of an open container containing an alcoholic beverage and/or a drug or
51 drugs in or around the vehicle driven by the operator; any other
52 evidence surrounding the circumstances of the incident which indicates
53 that the operator has been operating a motor vehicle while impaired by
54 the consumption of alcohol or drugs or intoxicated at the time of the
55 incident.
S. 6485--B 8
1 (d) Court order; procedure. (1) [An application for a court order to
2 compel submission to a chemical test or any portion thereof, may be made
3 to any supreme court justice, county court judge or district court judge
4 in the judicial district in which the incident occurred, or if the inci-
5 dent occurred in the city of New York before any supreme court justice
6 or judge of the criminal court of the city of New York. Such application
7 may be communicated by telephone, radio or other means of electronic
8 communication, or in person.
9 (2) The applicant must provide identification by name and title and
10 must state the purpose of the communication. Upon being advised that an
11 application for a court order to compel submission to a chemical test is
12 being made, the court shall place under oath the applicant and any other
13 person providing information in support of the application as provided
14 in subparagraph three of this paragraph. After being sworn the applicant
15 must state that the person from whom the chemical test was requested was
16 the operator of a motor vehicle and in the course of such operation a
17 person, other than the operator, has been killed or seriously injured
18 and, based upon the totality of circumstances, there is reasonable cause
19 to believe that such person was operating a motor vehicle in violation
20 of any subdivision of section eleven hundred ninety-two of this article
21 and, after being placed under lawful arrest such person refused to
22 submit to a chemical test or any portion thereof, in accordance with the
23 provisions of this section or is unable to give consent to such a test
24 or any portion thereof. The applicant must make specific allegations of
25 fact to support such statement. Any other person properly identified,
26 may present sworn allegations of fact in support of the applicant's
27 statement.
28 (3) Upon being advised that an oral application for a court order to
29 compel a person to submit to a chemical test is being made, a judge or
30 justice shall place under oath the applicant and any other person
31 providing information in support of the application. Such oath or oaths
32 and all of the remaining communication must be recorded, either by means
33 of a voice recording device or verbatim stenographic or verbatim long-
34 hand notes. If a voice recording device is used or a stenographic record
35 made, the judge must have the record transcribed, certify to the accura-
36 cy of the transcription and file the original record and transcription
37 with the court within seventy-two hours of the issuance of the court
38 order. If the longhand notes are taken, the judge shall subscribe a copy
39 and file it with the court within twenty-four hours of the issuance of
40 the order.
41 (4)] If the court is satisfied that the requirements for the issuance
42 of a court order pursuant to the provisions of paragraph (b) of this
43 subdivision have been met, it may grant the application and issue an
44 order requiring the accused to submit to a chemical test to determine
45 the alcoholic and/or drug content of [his] such accused's blood [and]
46 and/or oral/bodily fluids and ordering the withdrawal of a blood and/or
47 oral/bodily fluid sample in accordance with the provisions of paragraph
48 (a) of subdivision four of this section. When a judge or justice deter-
49 mines to issue an order to compel submission to a chemical test based on
50 an oral application, the applicant therefor shall prepare the order in
51 accordance with the instructions of the judge or justice. In all cases
52 the order shall include the name of the issuing judge or justice, the
53 name of the applicant, and the date and time it was issued. It must be
54 signed by the judge or justice if issued in person, or by the applicant
55 if issued orally.
S. 6485--B 9
1 [(5)] (2) Any false statement by an applicant or any other person in
2 support of an application for a court order shall subject such person to
3 the offenses for perjury set forth in article two hundred ten of the
4 penal law.
5 [(6)] (3) The chief administrator of the courts shall establish a
6 schedule to provide that a sufficient number of judges or justices will
7 be available in each judicial district to hear oral applications for
8 court orders as permitted by this section.
9 (e) Administration of compulsory chemical test. An order issued pursu-
10 ant to the provisions of this subdivision shall require that a chemical
11 test to determine the alcoholic and/or drug content of the operator's
12 blood and/or oral/bodily fluid must be administered. The provisions of
13 paragraphs (a), (b) and (c) of subdivision four of this section shall be
14 applicable to any chemical test administered pursuant to this section.
15 § 4. The subparagraph heading and clauses a and b of subparagraph 7 of
16 paragraph (e) of subdivision 2 of section 1193 of the vehicle and traf-
17 fic law, the subparagraph heading as added by chapter 312 of the laws of
18 1994, clause a as amended by chapter 732 of the laws of 2006, and clause
19 b as separately amended by chapters 3 and 571 of the laws of 2002, are
20 amended to read as follows:
21 Suspension pending prosecution; excessive blood alcohol content or
22 impairment by a drug or drugs. a. Except as provided in clause a-1 of
23 this subparagraph, a court shall suspend a driver's license, pending
24 prosecution, of any person charged with a violation of subdivision two,
25 two-a, three, four or four-a of section eleven hundred ninety-two of
26 this article who, at the time of arrest, is alleged to have had .08 of
27 one percent or more by weight of alcohol in such driver's blood or is
28 alleged to have been impaired by the ingestion of a drug or drugs as
29 shown by chemical analysis of blood, breath, urine or [saliva]
30 oral/bodily fluid, made pursuant to subdivision two or three of section
31 eleven hundred ninety-four of this article, or the driver makes a state-
32 ment admitting to driving while intoxicated by alcohol or any substance
33 or combination of substances or while impaired by a drug or drugs.
34 b. The suspension occurring under clause a of this subparagraph shall
35 occur no later than at the conclusion of all proceedings required for
36 the arraignment and the suspension occurring under clause a-1 of this
37 subparagraph shall occur immediately after the holder's first appearance
38 before the court on the charge which shall, whenever possible, be the
39 next regularly scheduled session of the court after the arrest or at the
40 conclusion of all proceedings required for the arraignment; provided,
41 however, that if the results of any test administered pursuant to
42 section eleven hundred ninety-four of this article are not available
43 within such time period, the complainant police officer or other public
44 servant shall transmit such results to the court at the time they become
45 available, and the court shall, as soon as practicable following the
46 receipt of such results and in compliance with the requirements of this
47 subparagraph, suspend such license. In order for the court to impose
48 such suspension it must find that the accusatory instrument conforms to
49 the requirements of section 100.40 of the criminal procedure law and
50 there exists reasonable cause to believe either that (a) the holder
51 operated a motor vehicle while such holder had .08 of one percent or
52 more by weight of alcohol in [his or her] such holder's blood as was
53 shown by chemical analysis of such person's blood, breath, urine or
54 [saliva] oral/bodily fluid, or was impaired by the ingestion of a drug
55 or drugs as supported by such chemical test analysis, made pursuant to
56 the provisions of section eleven hundred ninety-four of this article or
S. 6485--B 10
1 by an evaluation conducted by a certified drug reconciliation expert, or
2 any portion thereof, or the driver makes a statement admitting to driv-
3 ing while intoxicated by alcohol, a substance or combination of
4 substances or while impaired by a drug or drugs; or (b) the person was
5 the holder of a class DJ or MJ learner's permit or a class DJ or MJ
6 driver's license and operated a motor vehicle while such holder was in
7 violation of subdivision one, two and/or three of section eleven hundred
8 ninety-two of this article. At the time of such license suspension the
9 holder shall be entitled to an opportunity to make a statement regarding
10 these two issues and to present evidence tending to rebut the court's
11 findings.
12 § 5. Section 1192 of the vehicle and traffic law is amended by adding
13 two new subdivisions 13 and 14 to read as follows:
14 13. It shall be an affirmative defense to a charge under subdivision
15 four or four-a of this section that the operator suffered an allergic
16 reaction or medical emergency rather than being impaired by a substance
17 or combination of substances. The defendant shall be subject to the
18 rules of reciprocal discovery under article two hundred forty-five of
19 the criminal procedure law for any medical records or documentation
20 related to the affirmative defense. Provided, however, that no defense
21 shall be available if any such consumed or ingested substance is
22 contained in section thirty-three hundred six of the public health law.
23 14. The commissioner and the commissioner of the division of criminal
24 justice services shall collect data on the number of traffic stops,
25 arrests and convictions for driving under the influence of drugs or
26 combination of drugs and alcohol under subdivision four or four-a of
27 this section. It shall report the number of traffic stops, arrests and
28 convictions by race, sex, age and national origin and provide an annual
29 report to the governor, the speaker of the assembly and the temporary
30 president of the senate.
31 § 6. This act shall take effect on the first of November next succeed-
32 ing the date on which it shall have become a law and shall expire and be
33 deemed repealed 5 years after such effective date.
