The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2302--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Transportation -- recommitted to the Committee on Transportation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  Subdivision 2, paragraph (a) of subdivision 2-a, subdivi-
sion 5 and subdivision 6 of section 1192 of the vehicle and traffic law,
subdivision 2 as amended by chapter 3 of the laws of 2002, paragraph (a)
of subdivision 2-a as amended by chapter 496 of the  laws  of  2009  and
subdivisions  5 and 6 as amended by chapter 236 of the laws of 2003, are
amended to read as follows:
  2. Driving while intoxicated; per se. No person shall operate a  motor
vehicle  while  such  person  has [.08] .05 of one per centum or more by
weight of alcohol in the person's blood as shown by chemical analysis of
such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
provisions of section eleven hundred ninety-four of this article.
  (a)  Per se. No person shall operate a motor vehicle while such person
has [.18] .12 of one per centum or more by weight  of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of this article.
  5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
provisions  of  section  eleven  hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while  such  person  has
.04  of  one  per  centum or more but not more than [.06] .05 of one per

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD07732-02-8

A. 2302--A                          2

centum by weight of alcohol in the person's blood as shown  by  chemical
analysis  of such person's blood, breath, urine or saliva, made pursuant
to the provisions of section eleven hundred ninety-four of this article;
provided,  however, nothing contained in this subdivision shall prohibit
the imposition of a charge of a violation of  subdivision  one  of  this
section, or of section eleven hundred ninety-two-a of this article where
a person under the age of twenty-one operates a commercial motor vehicle
where  a  chemical  analysis  of  such person's blood, breath, urine, or
saliva, made pursuant to the provisions of section eleven hundred  nine-
ty-four of this article, indicates that such operator has .02 of one per
centum  or more but less than .04 of one per centum by weight of alcohol
in such operator's blood.
  6. Commercial motor vehicles; per se - level II.  Notwithstanding  the
provisions  of  section  eleven  hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while  such  person  has
more  than  [.06]  .05 of  one  per centum [but less than .08 of one per
centum] by weight of alcohol in the person's blood as shown by  chemical
analysis  of such person's blood, breath, urine or saliva, made pursuant
to the provisions of section eleven hundred ninety-four of this article;
provided, however, nothing contained in this subdivision shall  prohibit
the  imposition  of  a  charge of a violation of subdivision one of this
section.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.