senate Bill S131

2021-2022 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

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to transportation

Co-Sponsors

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S131 (ACTIVE) - Details

See Assembly Version of this Bill:
A7197
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
2019-2020: S5117, A3208

S131 (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.

S131 (ACTIVE) - Sponsor Memo

S131 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    131
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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