STATE OF NEW YORK
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97
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to operating a
commercial motor vehicle while under the influence of alcohol
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 1192 of the vehicle and traffic
2 law, as amended by chapter 236 of the laws of 2003, is amended to read
3 as follows:
4 5. Commercial motor vehicles: per se - level I. Notwithstanding the
5 provisions of section eleven hundred ninety-five of this article, no
6 person shall operate a commercial motor vehicle while such person has
7 [.04] .02 of one per centum or more but not more than .06 of one per
8 centum by weight of alcohol in the person's blood as shown by chemical
9 analysis of such person's blood, breath, urine or saliva, made pursuant
10 to the provisions of section eleven hundred ninety-four of this article;
11 provided, however, nothing contained in this subdivision shall prohibit
12 the imposition of a charge of a violation of subdivision one of this
13 section, or of section eleven hundred ninety-two-a of this article where
14 a person under the age of twenty-one operates a commercial motor vehicle
15 where a chemical analysis of such person's blood, breath, urine, or
16 saliva, made pursuant to the provisions of section eleven hundred nine-
17 ty-four of this article, indicates that such operator has .02 of one per
18 centum or more but less than .04 of one per centum by weight of alcohol
19 in such operator's blood.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01939-01-9
