senate Bill S5117

2019-2020 Legislative Session

Lowers 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 per centum to .12

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2019 referred to transportation

S5117 (ACTIVE) - Details

See Assembly Version of this Bill:
A3208
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7565
2015-2016: A4369
2017-2018: A2302

S5117 (ACTIVE) - Summary

Lowers 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 per centum to .12.

S5117 (ACTIVE) - Sponsor Memo

S5117 (ACTIVE) - Bill Text download pdf


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

                                  5117

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 9, 2019
                               ___________

Introduced  by  Sen.  LIU  --  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 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
to the 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.

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