The New York State Senate

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

                                  3208

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by M. of A. ORTIZ, D'URSO, SIMON, ENGLEBRIGHT, COLTON, GOTT-
  FRIED, PICHARDO, DAVILA, WILLIAMS -- 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 .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
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

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

                                                           LBD06701-01-9

A. 3208                             2

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.