S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6485
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- 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  procedures
   relating to driving while ability impaired by drugs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 114-a of the vehicle and traffic law, as amended by
 chapter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug. The term "drug" when used in this  chapter,  means  and
 includes any substance listed in section thirty-three hundred six of the
 public  health  law and cannabis and concentrated cannabis as defined in
 section 222.00 of the penal law AND  ANY  SUBSTANCE  OR  COMBINATION  OF
 SUBSTANCES THAT IMPAIR, TO ANY EXTENT, PHYSICAL OR MENTAL ABILITIES.
   §  2. Section 119-b of the vehicle and traffic law is renumbered 119-c
 and a new section 119-b is added to read as follows:
   § 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
 CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION  OF  SUBSTANCES  TO  THE
 EXTENT  THAT  THE  DRIVER  HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND
 MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER-
 ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 120-a to read as follows:
   §  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
 WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED  OR  INGESTED  A
 SUBSTANCE  OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS
 INCAPABLE, TO A SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYSICAL AND MENTAL
 ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER  TO  OPERATE  A
 VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
   §  4. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf-
 fic law, as added by chapter 47 of the laws of 1988,  paragraph  (a)  of
 subdivision  2 as amended by chapter 196 of the laws of 1996, paragraphs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00438-05-5
              

 S. 6485                             2
 
 (b) and (c) of subdivision 2 as amended by chapter 489 of  the  laws  of
 2017,  clause  (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph
 (b), subparagraphs 1, 2 and 3 of  paragraph  (c)  of  subdivision  2  as
 amended  by  chapter  27  of  the laws of 2018, subparagraphs 1 and 2 of
 paragraph (d) of subdivision 2 as amended by chapter 732 of the laws  of
 2006,  and  item (iii) of clause c of subparagraph 1 of paragraph (d) of
 subdivision 2 as amended by section 37 of part LL of chapter 56  of  the
 laws of 2010, are amended to read as follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions of section 140.10 of the criminal  procedure  law,  a  police
 officer  may, without a warrant, arrest a person, in case of a violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person is involved, which in fact has been committed, though not in  the
 police  officer's  presence,  when  the  officer has reasonable cause to
 believe that the violation was committed by such person.
   (b) Field testing. Every person operating a motor  vehicle  which  has
 been involved in an accident or which is operated in violation of any of
 the  provisions  of this chapter shall, at the request of a police offi-
 cer, submit to a breath test AND/OR ORAL/BODILY FLUID TEST to be  admin-
 istered by the police officer. If such test indicates that such operator
 has  consumed alcohol OR A DRUG OR DRUGS, the police officer may request
 such operator  to  submit  to  a  chemical  test  AND/OR  AN  EVALUATION
 CONDUCTED BY A DRUG RECOGNITION EXPERT in the manner set forth in subdi-
 vision two of this section.
   (C)  REFUSAL  TO SUBMIT TO A BREATH TEST AND/OR ORAL/BODILY FLUID TEST
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRAC-
 TION.
   2. Chemical tests AND DRUG RECOGNITION EVALUATIONS. (a)  When  author-
 ized.    Any  person who operates a motor vehicle in this state shall be
 deemed to have given consent to AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG  RECOGNITION  EXPERT,  AND/OR a chemical test of one or more of the
 following: breath, blood, urine, or [saliva] ORAL/BODILY FLUID, for  the
 purpose  of determining the alcoholic and/or drug content [of the blood]
 provided that such test is administered by or  at  the  direction  of  a
 police  officer  with  respect  to  a  chemical test of breath, urine or
 [saliva] ORAL/BODILY FLUID or, with respect to a chemical test of blood,
 at the direction of a police officer:
   (1) having reasonable grounds to believe  such  person  to  have  been
 operating  in  violation  of  any  subdivision of section eleven hundred
 ninety-two of this article and within two hours after  such  person  has
 been  placed  under  arrest for any such violation; or having reasonable
 grounds to believe such person to have been operating  in  violation  of
 section eleven hundred ninety-two-a of this article and within two hours
 after the stop of such person for any such violation,
   (2) within two hours after a breath test, as provided in paragraph (b)
 of  subdivision  one  of  this  section, indicates that alcohol has been
 consumed by such person and in accordance with the rules and regulations
 established by the police force of which the officer is a member;
   (3) for the  purposes  of  this  paragraph,  "reasonable  grounds"  to
 believe  that  a  person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article  shall  be  determined  by viewing the totality of circum-
 stances surrounding the incident which, when  taken  together,  indicate
 that  the  operator  was  driving in violation of such subdivision. Such
 circumstances may include any visible or behavioral indication of  alco-
 S. 6485                             3
 
 hol  consumption  by  the  operator,  the existence of an open container
 containing or having contained an alcoholic beverage in  or  around  the
 vehicle  driven  by  the operator, or any other evidence surrounding the
 circumstances of the incident which indicates that the operator has been
 operating  a  motor vehicle after having consumed alcohol at the time of
 the incident; or
   (4) notwithstanding any other provision of law  to  the  contrary,  no
 person  under  the  age  of  twenty-one shall be arrested for an alleged
 violation of  section  eleven  hundred  ninety-two-a  of  this  article.
 However,  a  person under the age of twenty-one for whom a chemical test
 AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT is
 authorized pursuant to this paragraph may be temporarily detained by the
 police solely for the purpose of requesting or administering such chemi-
 cal test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG  RECOGNITION
 EXPERT  whenever  arrest  without a warrant for a petty offense would be
 authorized in accordance with the provisions of section  140.10  of  the
 criminal  procedure  law  or  paragraph  (a)  of subdivision one of this
 section.
   (A-1) FOR THE PURPOSES OF THIS SECTION THE DRIVER SHALL NOT BE  DEEMED
 TO  CONSENT  TO  ANSWER  CUSTODIAL  QUESTIONS  AS  PART OF AN EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT PURSUANT  TO  PARAGRAPH
 (A) OF THIS SUBDIVISION AND DECLINING TO ANSWER SUCH QUESTIONS SHALL NOT
 CONSTITUTE A REFUSAL TO SUBMIT TO THE EVALUATION WHEN THE DRIVER SUBMITS
 TO  THE OTHER PORTIONS OF SUCH EVALUATION AND NO REPORT OF REFUSAL SHALL
 BE MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND  THE  DRIVER'S
 LICENSE  SHALL NOT BE REVOKED PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS
 SUBDIVISION SOLELY ON THE BASIS OF THE DRIVER DECLINING TO  ANSWER  SUCH
 CUSTODIAL QUESTIONS.
   (b)  Report  of  refusal.  (1)  If: (A) such person having been placed
 under arrest; or (B) after a breath AND/OR ORAL/BODILY FLUID test  indi-
 cates  the  presence  of  alcohol AND/OR A DRUG OR DRUGS in the person's
 system; or (C) with regard to a person  under  the  age  of  twenty-one,
 there  are reasonable grounds to believe that such person has been oper-
 ating a motor vehicle after having  consumed  alcohol  in  violation  of
 section  eleven  hundred ninety-two-a of this article; and having there-
 after been requested to submit to such chemical test  AND/OR  AN  EVALU-
 ATION  CONDUCTED  BY A CERTIFIED DRUG RECOGNITION EXPERT and having been
 informed that the person's license or permit to drive and any  non-resi-
 dent operating privilege shall be immediately suspended and subsequently
 revoked,  or,  for  operators under the age of twenty-one for whom there
 are reasonable grounds to believe that such operator has been  operating
 a  motor  vehicle  after having consumed alcohol in violation of section
 eleven hundred ninety-two-a  of  this  article,  shall  be  revoked  for
 refusal  to  submit to such chemical test or any portion thereof, AND/OR
 AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION  EXPERT  OR  ANY
 PORTION  THEREOF whether or not the person is found guilty of the charge
 for which such person is arrested or detained, refuses to submit to such
 chemical test or any portion thereof, [unless a  court  order  has  been
 granted pursuant to subdivision three of this section,] AND/OR AN EVALU-
 ATION  CONDUCTED  BY  A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION
 THEREOF the test shall not be given and a written report of such refusal
 shall be immediately made by the police officer before whom such refusal
 was made. Such report may be verified by having the report sworn to,  or
 by  affixing  to  such  report  a form notice that false statements made
 therein are punishable as a class  A  misdemeanor  pursuant  to  section
 210.45  of  the  penal  law  and  such  form  notice  together  with the
 S. 6485                             4
 
 subscription of the deponent shall  constitute  a  verification  of  the
 report.
   (2)  The  report  of  the  police  officer  shall set forth reasonable
 grounds to believe such arrested person or such  detained  person  under
 the  age  of twenty-one had been driving in violation of any subdivision
 of section eleven hundred ninety-two or eleven hundred  ninety-two-a  of
 this  article,  that  said person had refused to submit to such chemical
 test, [and that no  chemical  test  was  administered  pursuant  to  the
 requirements  of  subdivision  three  of  this section] OR AN EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF.
 The report shall be presented  to  the  court  upon  arraignment  of  an
 arrested  person,  provided,  however, in the case of a person under the
 age of twenty-one, for whom  a  test  was  authorized  pursuant  to  the
 provisions  of subparagraph two or three of paragraph (a) of this subdi-
 vision, and who has not been placed under arrest for a violation of  any
 of  the provisions of section eleven hundred ninety-two of this article,
 such report shall be forwarded to the  commissioner  within  forty-eight
 hours  in  a manner to be prescribed by the commissioner, and all subse-
 quent proceedings with regard to refusal to submit to such chemical test
 AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT by
 such person shall be as set forth in subdivision three of section eleven
 hundred ninety-four-a of this article.
   (3) For persons placed under arrest for a violation of any subdivision
 of section eleven hundred ninety-two of this  article,  the  license  or
 permit to drive and any non-resident operating privilege shall, upon the
 basis  of  such  written  report,  be temporarily suspended by the court
 without notice pending the determination of a  hearing  as  provided  in
 paragraph  (c) of this subdivision. Copies of such report must be trans-
 mitted by the court to the commissioner and such transmittal may not  be
 waived  even  with  the consent of all the parties. Such report shall be
 forwarded to the commissioner within forty-eight hours of such  arraign-
 ment.
   (4) The court or the police officer, in the case of a person under the
 age  of  twenty-one alleged to be driving after having consumed alcohol,
 shall provide such person with a scheduled hearing date, a waiver  form,
 and  such other information as may be required by the commissioner. If a
 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
 vision three of section eleven hundred ninety-four-a of this article, is
 waived by such person, the commissioner  shall  immediately  revoke  the
 license,  permit, or non-resident operating privilege, as of the date of
 receipt of such waiver in accordance with the  provisions  of  paragraph
 (d) of this subdivision.
   (c)  Hearings. Any person whose license or permit to drive or any non-
 resident driving privilege has been suspended pursuant to paragraph  (b)
 of  this subdivision is entitled to a hearing in accordance with a hear-
 ing schedule to be promulgated by the commissioner.  If  the  department
 fails  to  provide  for  such hearing fifteen days after the date of the
 arraignment of the arrested person, the  license,  permit  to  drive  or
 non-resident  operating  privilege  of  such  person shall be reinstated
 pending a hearing pursuant to this section. The hearing shall be limited
 to the following issues: (1) did  the  police  officer  have  reasonable
 grounds to believe that such person had been driving in violation of any
 subdivision  of  section  eleven hundred ninety-two of this article; (2)
 did the police officer make a lawful arrest of such person; (3) was such
 person given sufficient warning, in clear or unequivocal language, prior
 to such refusal that such refusal to submit to such chemical test or any
 S. 6485                             5
 
 portion thereof AND/OR AN  EVALUATION  CONDUCTED  BY  A  CERTIFIED  DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF, would result in the immediate
 suspension and subsequent revocation of such person's license or operat-
 ing  privilege  whether or not such person is found guilty of the charge
 for which the arrest was made; and (4) did such person refuse to  submit
 to  such  chemical  test  or  any  portion  thereof AND/OR AN EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF.
 A REFUSAL TO ANSWER  CUSTODIAL  QUESTIONS  SHALL  NOT  BE  CONSIDERED  A
 REFUSAL  FOR THE PURPOSES OF THIS SECTION PURSUANT TO PARAGRAPH (A-1) OF
 THIS SUBDIVISION. If, after such hearing, the hearing officer, acting on
 behalf of the commissioner, finds on any one of said issues in the nega-
 tive, the hearing officer shall  immediately  terminate  any  suspension
 arising  from such refusal. If, after such hearing, the hearing officer,
 acting on behalf of the commissioner finds all  of  the  issues  in  the
 affirmative, such officer shall immediately revoke the license or permit
 to  drive or any non-resident operating privilege in accordance with the
 provisions of paragraph (d) of this subdivision. A person who has had  a
 license or permit to drive or non-resident operating privilege suspended
 or  revoked  pursuant to this subdivision may appeal the findings of the
 hearing officer in accordance with the provisions of article three-A  of
 this  chapter.  Any  person  may waive the right to a hearing under this
 section. Failure by such person to  appear  for  the  scheduled  hearing
 shall  constitute a waiver of such hearing, provided, however, that such
 person may petition the commissioner for a new hearing  which  shall  be
 held as soon as practicable.
   (d)  Sanctions. (1) Revocations. a. Any license which has been revoked
 pursuant to paragraph (c) of this subdivision shall not be restored  for
 at  least  one year after such revocation, nor thereafter, except in the
 discretion of the  commissioner.  However,  no  such  license  shall  be
 restored  for at least eighteen months after such revocation, nor there-
 after except in the discretion of the commissioner, in  any  case  where
 the  person  has had a prior revocation resulting from refusal to submit
 to a chemical test AND/OR AN EVALUATION CONDUCTED BY  A  CERTIFIED  DRUG
 RECOGNITION  EXPERT  OR ANY PORTION THEREOF, or has been convicted of or
 found to be in violation of any subdivision of  section  eleven  hundred
 ninety-two  or  section  eleven hundred ninety-two-a of this article not
 arising out of the same incident,  within  the  five  years  immediately
 preceding  the date of such revocation; provided, however, a prior find-
 ing that a person under the age of twenty-one has refused to submit to a
 chemical test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG  RECOG-
 NITION  EXPERT  OR  ANY PORTION THEREOF pursuant to subdivision three of
 section eleven hundred ninety-four-a of this article shall have the same
 effect as a prior finding of a  refusal  pursuant  to  this  subdivision
 solely  for the purpose of determining the length of any license suspen-
 sion or revocation required to be imposed under any  provision  of  this
 article, provided that the subsequent offense or refusal is committed or
 occurred  prior to the expiration of the retention period for such prior
 refusal as set forth in paragraph (k) of subdivision one of section  two
 hundred one of this chapter.
   b.  Any  license  which  has been revoked pursuant to paragraph (c) of
 this subdivision or pursuant to  subdivision  three  of  section  eleven
 hundred  ninety-four-a  of  this article, where the holder was under the
 age of twenty-one years at the  time  of  such  refusal,  shall  not  be
 restored for at least one year, nor thereafter, except in the discretion
 of the commissioner. Where such person under the age of twenty-one years
 has  a  prior  finding,  conviction  or  youthful  offender adjudication
 S. 6485                             6
 
 resulting from a violation  of  section  eleven  hundred  ninety-two  or
 section  eleven  hundred  ninety-two-a of this article, not arising from
 the same incident, such license shall not be restored for at  least  one
 year or until such person reaches the age of twenty-one years, whichever
 is  the greater period of time, nor thereafter, except in the discretion
 of the commissioner.
   c. Any commercial driver's license which has been revoked pursuant  to
 paragraph  (c)  of  this  subdivision based upon a finding of refusal to
 submit to a chemical test AND/OR AN EVALUATION CONDUCTED BY A  CERTIFIED
 DRUG  RECOGNITION  EXPERT  OR  ANY  PORTION  THEREOF, where such finding
 occurs within or outside of this state, shall not  be  restored  for  at
 least  eighteen  months after such revocation, nor thereafter, except in
 the discretion of the commissioner, but shall not  be  restored  for  at
 least  three  years after such revocation, nor thereafter, except in the
 discretion of the commissioner, if the holder of such license was  oper-
 ating a commercial motor vehicle transporting hazardous materials at the
 time of such refusal. However, such person shall be permanently disqual-
 ified  from  operating  a commercial motor vehicle in any case where the
 holder has a prior finding of refusal  to  submit  to  a  chemical  test
 AND/OR  AN  EVALUATION THEREOF CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT OR ANY PORTION THEREOF pursuant to this section or  has  a  prior
 conviction  of  any  of the following offenses: any violation of section
 eleven hundred ninety-two of this article; any violation of  subdivision
 one  or  two  of  section  six  hundred  of this chapter; or has a prior
 conviction of any felony involving the use of a motor  vehicle  pursuant
 to  paragraph  (a)  of  subdivision one of section five hundred ten-a of
 this chapter. Provided that the commissioner may  waive  such  permanent
 revocation  after a period of ten years has expired from such revocation
 provided:
   (i) that during such ten year period such person has not been found to
 have refused a chemical test OR AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG  RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section
 and has not been convicted of any one of  the  following  offenses:  any
 violation  of section eleven hundred ninety-two of this article; refusal
 to submit to a chemical test OR AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section;
 any  violation  of subdivision one or two of section six hundred of this
 chapter; or has a prior conviction of any felony involving the use of  a
 motor  vehicle  pursuant  to paragraph (a) of subdivision one of section
 five hundred ten-a of this chapter;
   (ii) that such person provides acceptable documentation to the commis-
 sioner that such person is not in need of alcohol or drug  treatment  or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed  a  certificate  of relief from disabilities or a certificate of good
 conduct pursuant to article twenty-three of the correction  law  by  the
 court in which such person was last penalized.
   d.  Upon  a  third  finding of refusal and/or conviction of any of the
 offenses which require a permanent commercial driver's  license  revoca-
 tion,  such  permanent  revocation may not be waived by the commissioner
 under any circumstances.
   (2) Civil penalties. Except as otherwise provided,  any  person  whose
 license,  permit  to  drive,  or any non-resident operating privilege is
 revoked pursuant to the provisions of this section shall also be  liable
 for a civil penalty in the amount of five hundred dollars except that if
 such  revocation  is  a second or subsequent revocation pursuant to this
 S. 6485                             7
 
 section issued within a five  year  period,  or  such  person  has  been
 convicted  of  a  violation of any subdivision of section eleven hundred
 ninety-two of this article within the past five years not arising out of
 the  same  incident,  the  civil penalty shall be in the amount of seven
 hundred fifty dollars. Any person whose license is revoked  pursuant  to
 the provisions of this section based upon a finding of refusal to submit
 to  a  chemical  test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF while operating  a  commercial
 motor  vehicle  shall also be liable for a civil penalty of five hundred
 fifty dollars except that if such person has previously  been  found  to
 have  refused a chemical test AND/OR AN EVALUATION CONDUCTED BY A CERTI-
 FIED DRUG RECOGNITION EXPERT OR ANY PORTION  THEREOF  pursuant  to  this
 section  while  operating  a  commercial  motor  vehicle  or has a prior
 conviction of any of the following offenses while operating a commercial
 motor vehicle: any violation of section  eleven  hundred  ninety-two  of
 this article; any violation of subdivision two of section six hundred of
 this  chapter; or has a prior conviction of any felony involving the use
 of a commercial motor vehicle pursuant to paragraph (a)  of  subdivision
 one of section five hundred ten-a of this chapter, then the civil penal-
 ty  shall  be  seven  hundred  fifty dollars. No new driver's license or
 permit shall be issued, or non-resident operating privilege restored  to
 such  person  unless such penalty has been paid. All penalties collected
 by the department pursuant to the provisions of this  section  shall  be
 the property of the state and shall be paid into the general fund of the
 state treasury.
   (3)  Effect of rehabilitation program. No period of revocation arising
 out of this section may be set aside by the commissioner for the  reason
 that  such  person  was  a participant in the alcohol and drug rehabili-
 tation program set forth in section eleven hundred  ninety-six  of  this
 article.
   (e)  Regulations.  The  commissioner  shall  promulgate such rules and
 regulations as may be necessary to effectuate the provisions of subdivi-
 sions one and two of this section.
   (f) Evidence. Evidence of a refusal to submit to such chemical test or
 any portion thereof OR AN EVALUATION CONDUCTED  BY  A  DRUG  RECOGNITION
 EXPERT OR ANY PORTION THEREOF shall be admissible in any trial, proceed-
 ing or hearing based upon a violation of the provisions of section elev-
 en  hundred  ninety-two of this article but only upon a showing that the
 person was given sufficient warning, in clear and unequivocal  language,
 of  the  effect  of  such  refusal  and that the person persisted in the
 refusal. EVIDENCE OF A REFUSAL SHALL  BE  ADMISSIBLE  PURSUANT  TO  THIS
 SECTION REGARDLESS OF THE TIME OF THE REFUSAL.
   (g)  Results.  Upon  the  request  of  the  person who was tested, the
 results of such test shall be made available to such person.
   3. Compulsory  chemical  tests.  (a)  Court  ordered  chemical  tests.
 Notwithstanding  the  provisions  of subdivision two of this section, no
 person who operates a motor vehicle in this state may refuse  to  submit
 to a chemical test of one or more of the following: breath, blood, urine
 or [saliva] ORAL/BODILY FLUIDS, for the purpose of determining the alco-
 holic  and/or  drug  content  of  the blood OR ORAL/BODILY FLUIDS when a
 court order for such chemical test has been issued  in  accordance  with
 the provisions of this subdivision.
   (b)  When authorized. Upon refusal by any person to submit to a chemi-
 cal test or any portion thereof as described above, the test  shall  not
 be  given  unless a police officer or a district attorney, as defined in
 subdivision thirty-two of section 1.20 of the  criminal  procedure  law,
 S. 6485                             8
 
 requests  and  obtains  a  court order to compel a person to submit to a
 chemical test to determine the alcoholic [or] AND/OR drug content of the
 person's blood OR ORAL/BODILY FLUIDS upon a finding of reasonable  cause
 to believe that:
   (1)  such person was the operator of a motor vehicle and in the course
 of such operation [a person  other  than  the  operator  was  killed  or
 suffered  serious  physical  injury  as  defined in section 10.00 of the
 penal law] THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY
 HAS BEEN CAUSED TO ANOTHER PERSON, DUE  TO  AN  INCIDENT  INVOLVING  THE
 MOTOR  VEHICLE  OPERATED  BY  SUCH  PERSON OR SUCH PERSON HAS A PREVIOUS
 CONVICTION FOR A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN  HUNDRED
 NINETY-TWO OF THIS ARTICLE; and
   (2)  a.  either  such  person operated the vehicle in violation of any
 subdivision of section eleven hundred ninety-two of this article, or
   b. a breath TEST AND/OR  ORAL/BODILY  FLUID  test  administered  by  a
 police  officer  in  accordance with paragraph (b) of subdivision one of
 this section indicates that alcohol AND/OR A  DRUG  OR  DRUGS  has  been
 consumed by such person; and
   (3) such person has been placed under lawful arrest; and
   (4)  such  person  has  refused  to  submit  to a chemical test OR ANY
 PORTION THEREOF AND/OR AN  EVALUATION  CONDUCTED  BY  A  CERTIFIED  DRUG
 RECOGNITION EXPERT, or any portion thereof, requested in accordance with
 the provisions of paragraph (a) of subdivision two of this section or is
 unable to give consent to such a test.
   (c)  Reasonable cause; definition. For the purpose of this subdivision
 "reasonable cause" shall  be  determined  by  viewing  the  totality  of
 circumstances surrounding the incident which, when taken together, indi-
 cate  that  the  operator  was  driving  in  violation of section eleven
 hundred ninety-two of this article. Such circumstances may include,  but
 are  not  limited  to:  evidence that the operator was operating a motor
 vehicle in violation of any provision  of  this  article  or  any  other
 moving  violation at the time of the incident; any visible indication of
 alcohol or drug consumption or impairment by the operator; the existence
 of an open container containing an alcoholic beverage AND/OR A  DRUG  OR
 DRUGS  in  or  around  the  vehicle  driven by the operator; THE ODOR OF
 CANNABIS OR BURNT CANNABIS; any other evidence surrounding  the  circum-
 stances of the incident which indicates that the operator has been oper-
 ating  a  motor  vehicle while impaired by the consumption of alcohol or
 drugs or intoxicated at the time of the incident.
   (d) Court order; procedure. (1) An application for a  court  order  to
 compel submission to a chemical test or any portion thereof, may be made
 to any supreme court justice, county court judge or district court judge
 in the judicial district in which the incident occurred, or if the inci-
 dent  occurred  in the city of New York before any supreme court justice
 or judge of the criminal court of the city of New York. Such application
 may be communicated by telephone, radio or  other  means  of  electronic
 communication, or in person.
   (2)  The  applicant  must provide identification by name and title and
 must state the purpose of the communication. Upon being advised that  an
 application for a court order to compel submission to a chemical test is
 being made, the court shall place under oath the applicant and any other
 person  providing  information in support of the application as provided
 in subparagraph three of this paragraph. After being sworn the applicant
 must state that the person from whom the chemical test was requested was
 the operator of a motor vehicle and in the course of such  operation  [a
 person,  other  than the operator, has been killed or seriously injured]
 S. 6485                             9
 
 THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY  HAS  BEEN
 CAUSED TO ANOTHER PERSON, DUE TO AN INCIDENT INVOLVING THE MOTOR VEHICLE
 OPERATED  BY  SUCH PERSON AND/OR SUCH PERSON HAS A PREVIOUS ARREST FOR A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS ARTICLE; and, based upon the totality of  circumstances,  there  is
 reasonable cause to believe that such person was operating a motor vehi-
 cle in violation of any subdivision of section eleven hundred ninety-two
 of  this article and, after being placed under lawful arrest such person
 refused to submit to a chemical test or any portion thereof, in  accord-
 ance with the provisions of this section or is unable to give consent to
 such  a  test  or  any portion thereof. The applicant must make specific
 allegations of fact to support such statement. Any other person properly
 identified, may present sworn allegations of  fact  in  support  of  the
 applicant's statement.
   (3)  Upon  being advised that an oral application for a court order to
 compel a person to submit to a chemical test is being made, a  judge  or
 justice  shall  place  under  oath  the  applicant  and any other person
 providing information in support of the application. Such oath or  oaths
 and all of the remaining communication must be recorded, either by means
 of  a  voice recording device or verbatim stenographic or verbatim long-
 hand notes. If a voice recording device is used or a stenographic record
 made, the judge must have the record transcribed, certify to the accura-
 cy of the transcription and file the original record  and  transcription
 with  the  court  within  seventy-two hours of the issuance of the court
 order. If the longhand notes are taken, the judge shall subscribe a copy
 and file it with the court within twenty-four hours of the  issuance  of
 the order.
   (4)  If  the court is satisfied that the requirements for the issuance
 of a court order pursuant to the provisions of  paragraph  (b)  of  this
 subdivision  have  been  met,  it may grant the application and issue an
 order requiring the accused to submit to a chemical  test  to  determine
 the  alcoholic  and/or  drug content of [his] SUCH ACCUSED'S blood [and]
 AND/OR ORAL/BODILY FLUIDS AND ordering the withdrawal of a blood  AND/OR
 ORAL/BODILY  FLUID sample in accordance with the provisions of paragraph
 (a) of subdivision four of this section. When a judge or justice  deter-
 mines to issue an order to compel submission to a chemical test based on
 an  oral  application, the applicant therefor shall prepare the order in
 accordance with the instructions of the judge or justice.  In all  cases
 the  order  shall  include the name of the issuing judge or justice, the
 name of the applicant, and the date and time it was issued.  It must  be
 signed  by the judge or justice if issued in person, or by the applicant
 if issued orally.
   (5) Any false statement by an applicant or any other person in support
 of an application for a court order shall subject  such  person  to  the
 offenses  for  perjury set forth in article two hundred ten of the penal
 law.
   (6) The chief administrator of the courts shall establish  a  schedule
 to provide that a sufficient number of judges or justices will be avail-
 able  in  each  judicial  district  to  hear oral applications for court
 orders as permitted by this section.
   (e) Administration of compulsory chemical test. An order issued pursu-
 ant to the provisions of this subdivision shall require that a  chemical
 test  to  determine  the alcoholic and/or drug content of the operator's
 blood AND/OR ORAL/BODILY FLUID must be administered. The  provisions  of
 paragraphs (a), (b) and (c) of subdivision four of this section shall be
 applicable to any chemical test administered pursuant to this section.
 S. 6485                            10

   § 5. The subparagraph heading and clauses a and b of subparagraph 7 of
 paragraph  (e) of subdivision 2 of section 1193 of the vehicle and traf-
 fic law, the subparagraph heading as added by chapter 312 of the laws of
 1994, clause a as amended by chapter 732 of the laws of 2006, and clause
 b  as  separately amended by chapters 3 and 571 of the laws of 2002, are
 amended to read as follows:
   Suspension pending prosecution; excessive  blood  alcohol  content  OR
 IMPAIRMENT  BY  A  DRUG OR DRUGS. a. Except as provided in clause a-1 of
 this subparagraph, a court shall suspend  a  driver's  license,  pending
 prosecution,  of any person charged with a violation of subdivision two,
 two-a, three, FOUR or four-a of section  eleven  hundred  ninety-two  of
 this  article  who, at the time of arrest, is alleged to have had .08 of
 one percent or more by weight of alcohol in such driver's  blood  OR  IS
 ALLEGED  TO  HAVE  BEEN  IMPAIRED BY THE INGESTION OF A DRUG OR DRUGS as
 shown  by  chemical  analysis  of  blood,  breath,  urine  or   [saliva]
 ORAL/BODILY  FLUID,  OR  BY  AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION EXPERT, OR ANY PORTION THEREOF, made pursuant to subdivision
 two or three of section eleven hundred ninety-four of this  article,  OR
 THE  DRIVER  MAKES A STATEMENT ADMITTING TO DRIVING WHILE INTOXICATED BY
 ALCOHOL OR WHILE IMPAIRED BY A DRUG OR DRUGS.
   b. The suspension occurring under clause a of this subparagraph  shall
 occur  no  later  than at the conclusion of all proceedings required for
 the arraignment and the suspension occurring under clause  a-1  of  this
 subparagraph shall occur immediately after the holder's first appearance
 before  the  court  on the charge which shall, whenever possible, be the
 next regularly scheduled session of the court after the arrest or at the
 conclusion of all proceedings required for  the  arraignment;  provided,
 however,  that  if  the  results  of  any  test administered pursuant to
 section eleven hundred ninety-four of this  article  are  not  available
 within  such time period, the complainant police officer or other public
 servant shall transmit such results to the court at the time they become
 available, and the court shall, as soon  as  practicable  following  the
 receipt  of such results and in compliance with the requirements of this
 subparagraph, suspend such license. In order for  the  court  to  impose
 such  suspension it must find that the accusatory instrument conforms to
 the requirements of section 100.40 of the  criminal  procedure  law  and
 there  exists  reasonable  cause  to  believe either that (a) the holder
 operated a motor vehicle while such holder had .08  of  one  percent  or
 more  by weight of alcohol OR WAS IMPAIRED BY THE INGESTION OF A DRUG OR
 DRUGS in [his or her] SUCH HOLDER'S blood as was shown by chemical anal-
 ysis of such person's  blood,  breath,  urine  or  [saliva]  ORAL/BODILY
 FLUID,  OR  BY  AN  EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT, OR ANY PORTION THEREOF,  made  pursuant  to  the  provisions  of
 section eleven hundred ninety-four of this article or THE DRIVER MAKES A
 STATEMENT  ADMITTING  TO  DRIVING  WHILE INTOXICATED BY ALCOHOL OR WHILE
 IMPAIRED BY A DRUG OR DRUGS; OR (b) the person was the holder of a class
 DJ or MJ learner's permit or a class DJ or MJ driver's license and oper-
 ated a motor vehicle while such holder was in violation  of  subdivision
 one, two and/or three of section eleven hundred ninety-two of this arti-
 cle. At the time of such license suspension the holder shall be entitled
 to  an opportunity to make a statement regarding these two issues and to
 present evidence tending to rebut the court's findings.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6485--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced by Sens. C. RYAN, MARTINEZ, WALCZYK -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Trans-
   portation -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the vehicle and traffic law, in relation to procedures
   relating to driving while ability impaired by drugs; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 114-a of the vehicle and traffic law, as amended by
 chapter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug.  The  term  "drug" when used in this chapter, means and
 includes any substance listed in section thirty-three hundred six of the
 public health law and cannabis and concentrated cannabis as  defined  in
 section  222.00  of  the  penal  law AND ANY SUBSTANCE OR COMBINATION OF
 SUBSTANCES THAT IMPAIR, TO ANY EXTENT, PHYSICAL OR MENTAL ABILITIES.
   § 2. Section 119-b of the vehicle and traffic law is renumbered  119-c
 and a new section 119-b is added to read as follows:
   § 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
 CONSUMED  OR  INGESTED  A  SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE
 EXTENT THAT THE DRIVER HAS IMPAIRED, TO ANY  EXTENT,  THE  PHYSICAL  AND
 MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER-
 ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 120-a to read as follows:
   § 120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF  IMPAIRMENT
 WHICH  IS  REACHED  WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A
 SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER  IS
 INCAPABLE, TO A SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYSICAL AND MENTAL
 ABILITIES  WHICH  A  DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPERATE A
 VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00438-07-5
              

 S. 6485--A                          2
 
   § 4. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and  traf-
 fic  law,  as  added by chapter 47 of the laws of 1988, paragraph (a) of
 subdivision 2 as amended by chapter 196 of the laws of 1996,  paragraphs
 (b)  and  (c)  of subdivision 2 as amended by chapter 489 of the laws of
 2017,  clause  (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph
 (b) and subparagraphs 1, 2 and 3 of paragraph (c) of  subdivision  2  as
 amended  by  chapter  27  of  the laws of 2018, subparagraphs 1 and 2 of
 paragraph (d) of subdivision 2 as amended by chapter 732 of the laws  of
 2006,  and  item (iii) of clause c of subparagraph 1 of paragraph (d) of
 subdivision 2 as amended by section 37 of part LL of chapter 56  of  the
 laws of 2010, are amended to read as follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions of section 140.10 of the criminal  procedure  law,  a  police
 officer  may, without a warrant, arrest a person, in case of a violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person is involved, which in fact has been committed, though not in  the
 police  officer's  presence,  when  the  officer has reasonable cause to
 believe that the violation was committed by such person.
   (b) Field testing. Every person operating a motor  vehicle  which  has
 been involved in an accident or which is operated in violation of any of
 the  provisions  of this chapter shall, at the request of a police offi-
 cer, submit to a breath test AND/OR ORAL/BODILY FLUID TEST to be  admin-
 istered by the police officer. If such test indicates that such operator
 has  consumed alcohol OR A DRUG OR DRUGS, the police officer may request
 such operator  to  submit  to  a  chemical  test  AND/OR  AN  EVALUATION
 CONDUCTED BY A DRUG RECOGNITION EXPERT in the manner set forth in subdi-
 vision two of this section.
   (C)  REFUSAL  TO SUBMIT TO A BREATH TEST AND/OR ORAL/BODILY FLUID TEST
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRAC-
 TION.
   2. Chemical tests AND DRUG RECOGNITION EVALUATIONS. (a)  When  author-
 ized.    Any  person who operates a motor vehicle in this state shall be
 deemed to have given consent to AN EVALUATION CONDUCTED BY  A  CERTIFIED
 DRUG  RECOGNITION  EXPERT,  AND/OR a chemical test of one or more of the
 following: breath, blood, urine, or [saliva] ORAL/BODILY FLUID, for  the
 purpose  of determining the alcoholic and/or drug content [of the blood]
 provided that such test is administered by or  at  the  direction  of  a
 police  officer  with  respect  to  a  chemical test of breath, urine or
 [saliva] ORAL/BODILY FLUID or, with respect to a chemical test of blood,
 at the direction of a police officer:
   (1) having reasonable grounds to believe  such  person  to  have  been
 operating  in  violation  of  any  subdivision of section eleven hundred
 ninety-two of this article and within two hours after  such  person  has
 been  placed  under  arrest for any such violation; or having reasonable
 grounds to believe such person to have been operating  in  violation  of
 section eleven hundred ninety-two-a of this article and within two hours
 after the stop of such person for any such violation,
   (2) within two hours after a breath test, as provided in paragraph (b)
 of  subdivision  one  of  this  section, indicates that alcohol has been
 consumed by such person and in accordance with the rules and regulations
 established by the police force of which the officer is a member;
   (3) for the  purposes  of  this  paragraph,  "reasonable  grounds"  to
 believe  that  a  person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article  shall  be  determined  by viewing the totality of circum-
 S. 6485--A                          3
 
 stances surrounding the incident which, when  taken  together,  indicate
 that  the  operator  was  driving in violation of such subdivision. Such
 circumstances may include any visible or behavioral indication of  alco-
 hol  consumption  by  the  operator,  the existence of an open container
 containing or having contained an alcoholic beverage in  or  around  the
 vehicle  driven  by  the operator, or any other evidence surrounding the
 circumstances of the incident which indicates that the operator has been
 operating a motor vehicle after having consumed alcohol at the  time  of
 the incident; or
   (4)  notwithstanding  any  other  provision of law to the contrary, no
 person under the age of twenty-one shall  be  arrested  for  an  alleged
 violation  of  section  eleven  hundred  ninety-two-a  of  this article.
 However, a person under the age of twenty-one for whom a  chemical  test
 AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT is
 authorized pursuant to this paragraph may be temporarily detained by the
 police solely for the purpose of requesting or administering such chemi-
 cal  test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION
 EXPERT whenever arrest without a warrant for a petty  offense  would  be
 authorized  in  accordance  with the provisions of section 140.10 of the
 criminal procedure law or paragraph  (a)  of  subdivision  one  of  this
 section.
   (A-1)  FOR THE PURPOSES OF THIS SECTION THE DRIVER SHALL NOT BE DEEMED
 TO CONSENT TO ANSWER  CUSTODIAL  QUESTIONS  AS  PART  OF  AN  EVALUATION
 CONDUCTED  BY  A CERTIFIED DRUG RECOGNITION EXPERT PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION AND DECLINING TO ANSWER SUCH QUESTIONS SHALL NOT
 CONSTITUTE A REFUSAL TO SUBMIT TO THE EVALUATION WHEN THE DRIVER SUBMITS
 TO THE OTHER PORTIONS OF SUCH EVALUATION AND NO REPORT OF REFUSAL  SHALL
 BE  MADE  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND THE DRIVER'S
 LICENSE SHALL NOT BE REVOKED PURSUANT TO PARAGRAPHS (C) AND (D) OF  THIS
 SUBDIVISION  SOLELY  ON THE BASIS OF THE DRIVER DECLINING TO ANSWER SUCH
 CUSTODIAL QUESTIONS.
   (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
 under  arrest; or (B) after a breath AND/OR ORAL/BODILY FLUID test indi-
 cates the presence of alcohol AND/OR A DRUG OR  DRUGS  in  the  person's
 system;  or  (C)  with  regard  to a person under the age of twenty-one,
 there are reasonable grounds to believe that such person has been  oper-
 ating  a  motor  vehicle  after  having consumed alcohol in violation of
 section eleven hundred ninety-two-a of this article; and  having  there-
 after  been  requested  to submit to such chemical test AND/OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT and  having  been
 informed  that the person's license or permit to drive and any non-resi-
 dent operating privilege shall be immediately suspended and subsequently
 revoked, or, for operators under the age of twenty-one  for  whom  there
 are  reasonable grounds to believe that such operator has been operating
 a motor vehicle after having consumed alcohol in  violation  of  section
 eleven  hundred  ninety-two-a  of  this  article,  shall  be revoked for
 refusal to submit to such chemical test or any portion  thereof,  AND/OR
 AN  EVALUATION  CONDUCTED  BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY
 PORTION THEREOF whether or not the person is found guilty of the  charge
 for which such person is arrested or detained, refuses to submit to such
 chemical  test  or  any  portion thereof, [unless a court order has been
 granted pursuant to subdivision three of this section,] AND/OR AN EVALU-
 ATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT  OR  ANY  PORTION
 THEREOF the test shall not be given and a written report of such refusal
 shall be immediately made by the police officer before whom such refusal
 was  made. Such report may be verified by having the report sworn to, or
 S. 6485--A                          4
 
 by affixing to such report a form  notice  that  false  statements  made
 therein  are  punishable  as  a  class A misdemeanor pursuant to section
 210.45 of  the  penal  law  and  such  form  notice  together  with  the
 subscription  of  the  deponent  shall  constitute a verification of the
 report.
   (2) The report of  the  police  officer  shall  set  forth  reasonable
 grounds  to  believe  such arrested person or such detained person under
 the age of twenty-one had been driving in violation of  any  subdivision
 of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
 this article, that said person had refused to submit  to  such  chemical
 test,  [and  that  no  chemical  test  was  administered pursuant to the
 requirements of subdivision three of  this  section]  OR  AN  EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF.
 The  report  shall  be  presented  to  the  court upon arraignment of an
 arrested person, provided, however, in the case of a  person  under  the
 age  of  twenty-one,  for  whom  a  test  was authorized pursuant to the
 provisions of subparagraph two or three of paragraph (a) of this  subdi-
 vision,  and who has not been placed under arrest for a violation of any
 of the provisions of section eleven hundred ninety-two of this  article,
 such  report  shall  be forwarded to the commissioner within forty-eight
 hours in a manner to be prescribed by the commissioner, and  all  subse-
 quent proceedings with regard to refusal to submit to such chemical test
 AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT by
 such person shall be as set forth in subdivision three of section eleven
 hundred ninety-four-a of this article.
   (3) For persons placed under arrest for a violation of any subdivision
 of  section  eleven  hundred  ninety-two of this article, the license or
 permit to drive and any non-resident operating privilege shall, upon the
 basis of such written report, be  temporarily  suspended  by  the  court
 without  notice  pending  the  determination of a hearing as provided in
 paragraph (c) of this subdivision. Copies of such report must be  trans-
 mitted  by the court to the commissioner and such transmittal may not be
 waived even with the consent of all the parties. Such  report  shall  be
 forwarded  to the commissioner within forty-eight hours of such arraign-
 ment.
   (4) The court or the police officer, in the case of a person under the
 age of twenty-one alleged to be driving after having  consumed  alcohol,
 shall  provide such person with a scheduled hearing date, a waiver form,
 and such other information as may be required by the commissioner. If  a
 hearing, as provided for in paragraph (c) of this subdivision, or subdi-
 vision three of section eleven hundred ninety-four-a of this article, is
 waived  by  such  person,  the commissioner shall immediately revoke the
 license, permit, or non-resident operating privilege, as of the date  of
 receipt  of  such  waiver in accordance with the provisions of paragraph
 (d) of this subdivision.
   (c) Hearings. Any person whose license or permit to drive or any  non-
 resident  driving privilege has been suspended pursuant to paragraph (b)
 of this subdivision is entitled to a hearing in accordance with a  hear-
 ing  schedule  to  be promulgated by the commissioner. If the department
 fails to provide for such hearing fifteen days after  the  date  of  the
 arraignment  of  the  arrested  person,  the license, permit to drive or
 non-resident operating privilege of  such  person  shall  be  reinstated
 pending a hearing pursuant to this section. The hearing shall be limited
 to  the  following  issues:  (1)  did the police officer have reasonable
 grounds to believe that such person had been driving in violation of any
 subdivision of section eleven hundred ninety-two of  this  article;  (2)
 S. 6485--A                          5
 
 did the police officer make a lawful arrest of such person; (3) was such
 person given sufficient warning, in clear or unequivocal language, prior
 to such refusal that such refusal to submit to such chemical test or any
 portion  thereof  AND/OR  AN  EVALUATION  CONDUCTED  BY A CERTIFIED DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF, would result in the immediate
 suspension and subsequent revocation of such person's license or operat-
 ing privilege whether or not such person is found guilty of  the  charge
 for  which the arrest was made; and (4) did such person refuse to submit
 to such chemical test  or  any  portion  thereof  AND/OR  AN  EVALUATION
 CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF.
 A  REFUSAL  TO  ANSWER  CUSTODIAL  QUESTIONS  SHALL  NOT BE CONSIDERED A
 REFUSAL FOR THE PURPOSES OF THIS SECTION PURSUANT TO PARAGRAPH (A-1)  OF
 THIS SUBDIVISION. If, after such hearing, the hearing officer, acting on
 behalf of the commissioner, finds on any one of said issues in the nega-
 tive,  the  hearing  officer  shall immediately terminate any suspension
 arising from such refusal. If, after such hearing, the hearing  officer,
 acting  on  behalf  of  the  commissioner finds all of the issues in the
 affirmative, such officer shall immediately revoke the license or permit
 to drive or any non-resident operating privilege in accordance with  the
 provisions  of paragraph (d) of this subdivision. A person who has had a
 license or permit to drive or non-resident operating privilege suspended
 or revoked pursuant to this subdivision may appeal the findings  of  the
 hearing  officer in accordance with the provisions of article three-A of
 this chapter. Any person may waive the right to  a  hearing  under  this
 section.  Failure  by  such  person  to appear for the scheduled hearing
 shall constitute a waiver of such hearing, provided, however, that  such
 person  may  petition  the commissioner for a new hearing which shall be
 held as soon as practicable.
   (d) Sanctions. (1) Revocations. a. Any license which has been  revoked
 pursuant  to paragraph (c) of this subdivision shall not be restored for
 at least one year after such revocation, nor thereafter, except  in  the
 discretion  of  the  commissioner.  However,  no  such  license shall be
 restored for at least eighteen months after such revocation, nor  there-
 after  except  in  the discretion of the commissioner, in any case where
 the person has had a prior revocation resulting from refusal  to  submit
 to  a  chemical  test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF, or has been convicted  of  or
 found  to  be  in violation of any subdivision of section eleven hundred
 ninety-two or section eleven hundred ninety-two-a of  this  article  not
 arising  out  of  the  same  incident, within the five years immediately
 preceding the date of such revocation; provided, however, a prior  find-
 ing that a person under the age of twenty-one has refused to submit to a
 chemical  test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOG-
 NITION EXPERT OR ANY PORTION THEREOF pursuant to  subdivision  three  of
 section eleven hundred ninety-four-a of this article shall have the same
 effect  as  a  prior  finding  of a refusal pursuant to this subdivision
 solely for the purpose of determining the length of any license  suspen-
 sion  or  revocation  required to be imposed under any provision of this
 article, provided that the subsequent offense or refusal is committed or
 occurred prior to the expiration of the retention period for such  prior
 refusal  as set forth in paragraph (k) of subdivision one of section two
 hundred one of this chapter.
   b. Any license which has been revoked pursuant  to  paragraph  (c)  of
 this  subdivision  or  pursuant  to  subdivision three of section eleven
 hundred ninety-four-a of this article, where the holder  was  under  the
 age  of  twenty-one  years  at  the  time  of such refusal, shall not be
 S. 6485--A                          6
 
 restored for at least one year, nor thereafter, except in the discretion
 of the commissioner. Where such person under the age of twenty-one years
 has a  prior  finding,  conviction  or  youthful  offender  adjudication
 resulting  from  a  violation  of  section  eleven hundred ninety-two or
 section eleven hundred ninety-two-a of this article,  not  arising  from
 the  same  incident, such license shall not be restored for at least one
 year or until such person reaches the age of twenty-one years, whichever
 is the greater period of time, nor thereafter, except in the  discretion
 of the commissioner.
   c.  Any commercial driver's license which has been revoked pursuant to
 paragraph (c) of this subdivision based upon a  finding  of  refusal  to
 submit  to a chemical test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED
 DRUG RECOGNITION EXPERT OR  ANY  PORTION  THEREOF,  where  such  finding
 occurs  within  or  outside  of this state, shall not be restored for at
 least eighteen months after such revocation, nor thereafter,  except  in
 the  discretion  of  the  commissioner, but shall not be restored for at
 least three years after such revocation, nor thereafter, except  in  the
 discretion  of the commissioner, if the holder of such license was oper-
 ating a commercial motor vehicle transporting hazardous materials at the
 time of such refusal. However, such person shall be permanently disqual-
 ified from operating a commercial motor vehicle in any  case  where  the
 holder  has  a  prior  finding  of  refusal to submit to a chemical test
 AND/OR AN EVALUATION THEREOF CONDUCTED BY A CERTIFIED  DRUG  RECOGNITION
 EXPERT  OR  ANY  PORTION THEREOF pursuant to this section or has a prior
 conviction of any of the following offenses: any  violation  of  section
 eleven  hundred ninety-two of this article; any violation of subdivision
 one or two of section six hundred  of  this  chapter;  or  has  a  prior
 conviction  of  any felony involving the use of a motor vehicle pursuant
 to paragraph (a) of subdivision one of section  five  hundred  ten-a  of
 this  chapter.  Provided  that the commissioner may waive such permanent
 revocation after a period of ten years has expired from such  revocation
 provided:
   (i) that during such ten year period such person has not been found to
 have  refused  a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
 DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this  section
 and  has  not  been  convicted of any one of the following offenses: any
 violation of section eleven hundred ninety-two of this article;  refusal
 to  submit  to a chemical test OR AN EVALUATION CONDUCTED BY A CERTIFIED
 DRUG RECOGNITION EXPERT OR ANY PORTION THEREOF pursuant to this section;
 any violation of subdivision one or two of section six hundred  of  this
 chapter;  or has a prior conviction of any felony involving the use of a
 motor vehicle pursuant to paragraph (a) of subdivision  one  of  section
 five hundred ten-a of this chapter;
   (ii) that such person provides acceptable documentation to the commis-
 sioner  that  such person is not in need of alcohol or drug treatment or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed a certificate of relief from disabilities or a  certificate  of  good
 conduct  pursuant  to  article twenty-three of the correction law by the
 court in which such person was last penalized.
   d. Upon a third finding of refusal and/or conviction  of  any  of  the
 offenses  which  require a permanent commercial driver's license revoca-
 tion, such permanent revocation may not be waived  by  the  commissioner
 under any circumstances.
   (2)  Civil  penalties.  Except as otherwise provided, any person whose
 license, permit to drive, or any  non-resident  operating  privilege  is
 S. 6485--A                          7
 
 revoked  pursuant to the provisions of this section shall also be liable
 for a civil penalty in the amount of five hundred dollars except that if
 such revocation is a second or subsequent revocation  pursuant  to  this
 section  issued  within  a  five  year  period,  or such person has been
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two of this article within the past five years not arising out of
 the  same  incident,  the  civil penalty shall be in the amount of seven
 hundred fifty dollars. Any person whose license is revoked  pursuant  to
 the provisions of this section based upon a finding of refusal to submit
 to  a  chemical  test AND/OR AN EVALUATION CONDUCTED BY A CERTIFIED DRUG
 RECOGNITION EXPERT OR ANY PORTION THEREOF while operating  a  commercial
 motor  vehicle  shall also be liable for a civil penalty of five hundred
 fifty dollars except that if such person has previously  been  found  to
 have  refused a chemical test AND/OR AN EVALUATION CONDUCTED BY A CERTI-
 FIED DRUG RECOGNITION EXPERT OR ANY PORTION  THEREOF  pursuant  to  this
 section  while  operating  a  commercial  motor  vehicle  or has a prior
 conviction of any of the following offenses while operating a commercial
 motor vehicle: any violation of section  eleven  hundred  ninety-two  of
 this article; any violation of subdivision two of section six hundred of
 this  chapter; or has a prior conviction of any felony involving the use
 of a commercial motor vehicle pursuant to paragraph (a)  of  subdivision
 one of section five hundred ten-a of this chapter, then the civil penal-
 ty  shall  be  seven  hundred  fifty dollars. No new driver's license or
 permit shall be issued, or non-resident operating privilege restored  to
 such  person  unless such penalty has been paid. All penalties collected
 by the department pursuant to the provisions of this  section  shall  be
 the property of the state and shall be paid into the general fund of the
 state treasury.
   (3)  Effect of rehabilitation program. No period of revocation arising
 out of this section may be set aside by the commissioner for the  reason
 that  such  person  was  a participant in the alcohol and drug rehabili-
 tation program set forth in section eleven hundred  ninety-six  of  this
 article.
   (e)  Regulations.  The  commissioner  shall  promulgate such rules and
 regulations as may be necessary to effectuate the provisions of subdivi-
 sions one and two of this section.
   (f) Evidence. Evidence of a refusal to submit to such chemical test or
 any portion thereof OR AN EVALUATION CONDUCTED  BY  A  DRUG  RECOGNITION
 EXPERT OR ANY PORTION THEREOF shall be admissible in any trial, proceed-
 ing or hearing based upon a violation of the provisions of section elev-
 en  hundred  ninety-two of this article but only upon a showing that the
 person was given sufficient warning, in clear and unequivocal  language,
 of  the  effect  of  such  refusal  and that the person persisted in the
 refusal. EVIDENCE OF A REFUSAL SHALL  BE  ADMISSIBLE  PURSUANT  TO  THIS
 SECTION REGARDLESS OF THE TIME OF THE REFUSAL.
   (g)  Results.  Upon  the  request  of  the  person who was tested, the
 results of such test shall be made available to such person.
   3. Compulsory  chemical  tests.  (a)  Court  ordered  chemical  tests.
 Notwithstanding  the  provisions  of subdivision two of this section, no
 person who operates a motor vehicle in this state may refuse  to  submit
 to a chemical test of one or more of the following: breath, blood, urine
 or [saliva] ORAL/BODILY FLUIDS, for the purpose of determining the alco-
 holic  and/or  drug  content  of  the blood OR ORAL/BODILY FLUIDS when a
 court order for such chemical test has been issued  in  accordance  with
 the provisions of this subdivision.
 S. 6485--A                          8
 
   (b)  When authorized. Upon refusal by any person to submit to a chemi-
 cal test or any portion thereof as described above, the test  shall  not
 be  given  unless a police officer or a district attorney, as defined in
 subdivision thirty-two of section 1.20 of the  criminal  procedure  law,
 requests  and  obtains  a  court order to compel a person to submit to a
 chemical test to determine the alcoholic [or] AND/OR drug content of the
 person's blood OR ORAL/BODILY FLUIDS upon a finding of reasonable  cause
 to believe that:
   (1)  such person was the operator of a motor vehicle and in the course
 of such operation [a person  other  than  the  operator  was  killed  or
 suffered  serious  physical  injury  as  defined in section 10.00 of the
 penal law] THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY
 HAS BEEN CAUSED TO ANOTHER PERSON, DUE  TO  AN  INCIDENT  INVOLVING  THE
 MOTOR  VEHICLE  OPERATED  BY  SUCH  PERSON OR SUCH PERSON HAS A PREVIOUS
 CONVICTION FOR A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN  HUNDRED
 NINETY-TWO OF THIS ARTICLE; and
   (2)  a.  either  such  person operated the vehicle in violation of any
 subdivision of section eleven hundred ninety-two of this article, or
   b. a breath TEST AND/OR  ORAL/BODILY  FLUID  test  administered  by  a
 police  officer  in  accordance with paragraph (b) of subdivision one of
 this section indicates that alcohol AND/OR A  DRUG  OR  DRUGS  has  been
 consumed by such person; and
   (3) such person has been placed under lawful arrest; and
   (4)  such  person  has  refused  to  submit  to a chemical test OR ANY
 PORTION THEREOF AND/OR AN  EVALUATION  CONDUCTED  BY  A  CERTIFIED  DRUG
 RECOGNITION EXPERT, or any portion thereof, requested in accordance with
 the provisions of paragraph (a) of subdivision two of this section or is
 unable to give consent to such a test.
   (c)  Reasonable cause; definition. For the purpose of this subdivision
 "reasonable cause" shall  be  determined  by  viewing  the  totality  of
 circumstances surrounding the incident which, when taken together, indi-
 cate  that  the  operator  was  driving  in  violation of section eleven
 hundred ninety-two of this article. Such circumstances may include,  but
 are  not  limited  to:  evidence that the operator was operating a motor
 vehicle in violation of any provision  of  this  article  or  any  other
 moving  violation at the time of the incident; any visible indication of
 alcohol or drug consumption or impairment by the operator; the existence
 of an open container containing an alcoholic beverage AND/OR A  DRUG  OR
 DRUGS  in  or  around  the  vehicle  driven  by  the operator; any other
 evidence surrounding the circumstances of the incident  which  indicates
 that  the  operator has been operating a motor vehicle while impaired by
 the consumption of alcohol or drugs or intoxicated at the  time  of  the
 incident.
   (d)  Court  order;  procedure. (1) An application for a court order to
 compel submission to a chemical test or any portion thereof, may be made
 to any supreme court justice, county court judge or district court judge
 in the judicial district in which the incident occurred, or if the inci-
 dent occurred in the city of New York before any supreme  court  justice
 or judge of the criminal court of the city of New York. Such application
 may  be  communicated  by  telephone, radio or other means of electronic
 communication, or in person.
   (2) The applicant must provide identification by name  and  title  and
 must  state the purpose of the communication. Upon being advised that an
 application for a court order to compel submission to a chemical test is
 being made, the court shall place under oath the applicant and any other
 person providing information in support of the application  as  provided
 S. 6485--A                          9
 
 in subparagraph three of this paragraph. After being sworn the applicant
 must state that the person from whom the chemical test was requested was
 the  operator  of a motor vehicle and in the course of such operation [a
 person,  other  than the operator, has been killed or seriously injured]
 THE MOTOR VEHICLE WAS INVOLVED IN A CRASH; OR PERSONAL INJURY  HAS  BEEN
 CAUSED TO ANOTHER PERSON, DUE TO AN INCIDENT INVOLVING THE MOTOR VEHICLE
 OPERATED  BY  SUCH PERSON AND/OR SUCH PERSON HAS A PREVIOUS ARREST FOR A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS  ARTICLE;  and,  based upon the totality of circumstances, there is
 reasonable cause to believe that such person was operating a motor vehi-
 cle in violation of any subdivision of section eleven hundred ninety-two
 of this article and, after being placed under lawful arrest such  person
 refused  to submit to a chemical test or any portion thereof, in accord-
 ance with the provisions of this section or is unable to give consent to
 such a test or any portion thereof. The  applicant  must  make  specific
 allegations of fact to support such statement. Any other person properly
 identified,  may  present  sworn  allegations  of fact in support of the
 applicant's statement.
   (3) Upon being advised that an oral application for a court  order  to
 compel  a  person to submit to a chemical test is being made, a judge or
 justice shall place under  oath  the  applicant  and  any  other  person
 providing  information in support of the application. Such oath or oaths
 and all of the remaining communication must be recorded, either by means
 of a voice recording device or verbatim stenographic or  verbatim  long-
 hand notes. If a voice recording device is used or a stenographic record
 made, the judge must have the record transcribed, certify to the accura-
 cy  of  the transcription and file the original record and transcription
 with the court within seventy-two hours of the  issuance  of  the  court
 order. If the longhand notes are taken, the judge shall subscribe a copy
 and  file  it with the court within twenty-four hours of the issuance of
 the order.
   (4) If the court is satisfied that the requirements for  the  issuance
 of  a  court  order  pursuant to the provisions of paragraph (b) of this
 subdivision have been met, it may grant the  application  and  issue  an
 order  requiring  the  accused to submit to a chemical test to determine
 the alcoholic and/or drug content of [his] SUCH  ACCUSED'S  blood  [and]
 AND/OR  ORAL/BODILY FLUIDS AND ordering the withdrawal of a blood AND/OR
 ORAL/BODILY FLUID sample in accordance with the provisions of  paragraph
 (a)  of subdivision four of this section. When a judge or justice deter-
 mines to issue an order to compel submission to a chemical test based on
 an oral application, the applicant therefor shall prepare the  order  in
 accordance  with the instructions of the judge or justice.  In all cases
 the order shall include the name of the issuing judge  or  justice,  the
 name  of the applicant, and the date and time it was issued.  It must be
 signed by the judge or justice if issued in person, or by the  applicant
 if issued orally.
   (5) Any false statement by an applicant or any other person in support
 of  an  application  for  a court order shall subject such person to the
 offenses for perjury set forth in article two hundred ten of  the  penal
 law.
   (6)  The  chief administrator of the courts shall establish a schedule
 to provide that a sufficient number of judges or justices will be avail-
 able in each judicial district  to  hear  oral  applications  for  court
 orders as permitted by this section.
   (e) Administration of compulsory chemical test. An order issued pursu-
 ant  to the provisions of this subdivision shall require that a chemical
 S. 6485--A                         10

 test to determine the alcoholic and/or drug content  of  the  operator's
 blood  AND/OR  ORAL/BODILY FLUID must be administered. The provisions of
 paragraphs (a), (b) and (c) of subdivision four of this section shall be
 applicable to any chemical test administered pursuant to this section.
   § 5. The subparagraph heading and clauses a and b of subparagraph 7 of
 paragraph  (e) of subdivision 2 of section 1193 of the vehicle and traf-
 fic law, the subparagraph heading as added by chapter 312 of the laws of
 1994, clause a as amended by chapter 732 of the laws of 2006, and clause
 b as separately amended by chapters 3 and 571 of the laws of  2002,  are
 amended to read as follows:
   Suspension  pending  prosecution;  excessive  blood alcohol content OR
 IMPAIRMENT BY A DRUG OR DRUGS. a. Except as provided in  clause  a-1  of
 this  subparagraph,  a  court  shall suspend a driver's license, pending
 prosecution, of any person charged with a violation of subdivision  two,
 two-a,  three,  FOUR  or  four-a of section eleven hundred ninety-two of
 this article who, at the time of arrest, is alleged to have had  .08  of
 one  percent  or  more by weight of alcohol in such driver's blood OR IS
 ALLEGED TO HAVE BEEN IMPAIRED BY THE INGESTION OF A  DRUG  OR  DRUGS  as
 shown   by  chemical  analysis  of  blood,  breath,  urine  or  [saliva]
 ORAL/BODILY FLUID, OR BY AN EVALUATION CONDUCTED  BY  A  CERTIFIED  DRUG
 RECOGNITION EXPERT, OR ANY PORTION THEREOF, made pursuant to subdivision
 two  or  three of section eleven hundred ninety-four of this article, OR
 THE DRIVER MAKES A STATEMENT ADMITTING TO DRIVING WHILE  INTOXICATED  BY
 ALCOHOL OR WHILE IMPAIRED BY A DRUG OR DRUGS.
   b.  The suspension occurring under clause a of this subparagraph shall
 occur no later than at the conclusion of all  proceedings  required  for
 the  arraignment  and  the suspension occurring under clause a-1 of this
 subparagraph shall occur immediately after the holder's first appearance
 before the court on the charge which shall, whenever  possible,  be  the
 next regularly scheduled session of the court after the arrest or at the
 conclusion  of  all  proceedings required for the arraignment; provided,
 however, that if the  results  of  any  test  administered  pursuant  to
 section  eleven  hundred  ninety-four  of this article are not available
 within such time period, the complainant police officer or other  public
 servant shall transmit such results to the court at the time they become
 available,  and  the  court  shall, as soon as practicable following the
 receipt of such results and in compliance with the requirements of  this
 subparagraph,  suspend  such  license.  In order for the court to impose
 such suspension it must find that the accusatory instrument conforms  to
 the  requirements  of  section  100.40 of the criminal procedure law and
 there exists reasonable cause to believe  either  that  (a)  the  holder
 operated  a  motor  vehicle  while such holder had .08 of one percent or
 more by weight of alcohol OR WAS IMPAIRED BY THE INGESTION OF A DRUG  OR
 DRUGS in [his or her] SUCH HOLDER'S blood as was shown by chemical anal-
 ysis  of  such  person's  blood,  breath,  urine or [saliva] ORAL/BODILY
 FLUID, OR BY AN EVALUATION CONDUCTED BY  A  CERTIFIED  DRUG  RECOGNITION
 EXPERT,  OR  ANY  PORTION  THEREOF,  made  pursuant to the provisions of
 section eleven hundred ninety-four of this article or THE DRIVER MAKES A
 STATEMENT ADMITTING TO DRIVING WHILE INTOXICATED  BY  ALCOHOL  OR  WHILE
 IMPAIRED BY A DRUG OR DRUGS; OR (b) the person was the holder of a class
 DJ or MJ learner's permit or a class DJ or MJ driver's license and oper-
 ated  a  motor vehicle while such holder was in violation of subdivision
 one, two and/or three of section eleven hundred ninety-two of this arti-
 cle. At the time of such license suspension the holder shall be entitled
 to an opportunity to make a statement regarding these two issues and  to
 present evidence tending to rebut the court's findings.
 S. 6485--A                         11
 
   §  6. Section 1192 of the vehicle and traffic law is amended by adding
 two new subdivisions 13 and 14 to read as follows:
   13.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER SUBDIVISION
 FOUR OR FOUR-A OF THIS SECTION THAT THE OPERATOR  SUFFERED  AN  ALLERGIC
 REACTION  OR MEDICAL EMERGENCY RATHER THAN BEING IMPAIRED BY A SUBSTANCE
 OR COMBINATION OF SUBSTANCES. PROVIDED, HOWEVER, THAT NO  DEFENSE  SHALL
 BE  AVAILABLE IF ANY SUCH CONSUMED OR INGESTED SUBSTANCE IS CONTAINED IN
 SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   14. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF  CRIMINAL
 JUSTICE  SERVICES  SHALL  COLLECT  DATA  ON THE NUMBER OF TRAFFIC STOPS,
 ARRESTS AND CONVICTIONS FOR DRIVING UNDER  THE  INFLUENCE  OF  DRUGS  OR
 COMBINATION  OF  DRUGS  AND  ALCOHOL UNDER SUBDIVISION FOUR OR FOUR-A OF
 THIS SECTION. IT SHALL REPORT THE NUMBER OF TRAFFIC STOPS,  ARRESTS  AND
 CONVICTIONS  BY RACE, SEX, AGE AND NATIONAL ORIGIN AND PROVIDE AN ANNUAL
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
 PRESIDENT OF THE SENATE.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed 5 years after such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6485--C
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced by Sens. C. RYAN, ADDABBO, ASHBY, BORRELLO, CANZONERI-FITZPA-
   TRICK,  COMRIE,  FAHY, FERNANDEZ, GALLIVAN, GRIFFO, HARCKHAM, HELMING,
   JACKSON, KAVANAGH, LIU, MARTINEZ,  MARTINS,  MATTERA,  MAYER,  MURRAY,
   OBERACKER, O'MARA, PALUMBO, RAMOS, RHOADS, ROLISON, SCARCELLA-SPANTON,
   SKOUFIS, STEC, TEDISCO, WALCZYK, WEBER, WEIK -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Trans-
   portation -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation  to  procedures
   relating to driving while ability impaired by drugs; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 119-b of the vehicle and traffic law is  renumbered
 119-c and a new section 119-b is added to read as follows:
   § 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
 CONSUMED OR INGESTED ALCOHOL OR A DRUG AS DEFINED IN SECTION ONE HUNDRED
 FOURTEEN-A  OF  THIS ARTICLE TO THE EXTENT THAT THE DRIVER HAS IMPAIRED,
 TO ANY EXTENT, THE PHYSICAL AND  MENTAL  ABILITIES  WHICH  A  DRIVER  IS
 EXPECTED  TO  POSSESS  IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND
 PRUDENT DRIVER.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 120-a to read as follows:
   §  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
 WHICH IS REACHED WHEN A DRIVER  HAS  VOLUNTARILY  CONSUMED  OR  INGESTED
 ALCOHOL  OR  A SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT
 THE DRIVER IS INCAPABLE, TO A SUBSTANTIAL EXTENT, OF EMPLOYING THE PHYS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00438-14-5
 S. 6485--C                          2
              

 
 ICAL AND MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER
 TO OPERATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
   § 3. Subdivision 1, the opening paragraph of paragraph (a) and subpar-
 agraph 1 of paragraph (b) of subdivision 2 and paragraphs (a), (b), (c),
 subparagraph  4  of paragraph (d), and paragraph (e) of subdivision 3 of
 section 1194 of the vehicle and traffic law, as added by chapter  47  of
 the  laws of 1988, the opening paragraph of paragraph (a) of subdivision
 2 as amended by chapter 196 of the laws of 1996, subparagraph 1 of para-
 graph (b) of subdivision 2 as amended by chapter 489 of the laws of 2017
 and clause (A) of subparagraph 1 as amended by chapter 27 of the laws of
 2018, are amended to read as follows:
   1.  Arrest  and  field  testing.  (a)  Arrest.    Notwithstanding  the
 provisions  of  section  140.10  of the criminal procedure law, a police
 officer may, without a warrant, arrest a person, in case of a  violation
 of subdivision one of section eleven hundred ninety-two of this article,
 if such violation is coupled with an accident or collision in which such
 person  is involved, which in fact has been committed, though not in the
 police officer's presence, when the  officer  has  reasonable  cause  to
 believe that the violation was committed by such person.
   (b)  Field  testing.  Every person operating a motor vehicle which has
 been involved in an accident or which is operated in violation of any of
 the provisions of this chapter shall, at the request of a  police  offi-
 cer,  submit to a breath test AND/OR ORAL/BODILY FLUID TEST to be admin-
 istered by the police officer. If such test indicates that such operator
 has consumed alcohol OR A DRUG OR DRUGS, the police officer may  request
 such  operator  to  submit to a chemical test in the manner set forth in
 subdivision two of this section.
   (C) REFUSAL TO SUBMIT TO A BREATH TEST AND/OR ORAL/BODILY  FLUID  TEST
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRAC-
 TION.
   Any  person who operates a motor vehicle in this state shall be deemed
 to have given consent to a chemical test of one or more of  the  follow-
 ing:  breath,  blood,  urine,  or  [saliva]  ORAL/BODILY  FLUID, for the
 purpose of determining the alcoholic and/or drug content [of the  blood]
 provided  that  such  test  is  administered by or at the direction of a
 police officer with respect to a  chemical  test  of  breath,  urine  or
 [saliva] ORAL/BODILY FLUID or, with respect to a chemical test of blood,
 at the direction of a police officer:
   (1)  If: (A) such person having been placed under arrest; or (B) after
 a breath AND/OR ORAL/BODILY FLUID test indicates the presence of alcohol
 AND/OR A DRUG OR DRUGS in the person's system; or (C) with regard  to  a
 person  under  the  age  of  twenty-one, there are reasonable grounds to
 believe that such person has been operating a motor vehicle after having
 consumed alcohol in violation of section eleven hundred ninety-two-a  of
 this  article;  and  having  thereafter been requested to submit to such
 chemical test and having been informed  that  the  person's  license  or
 permit  to drive and any non-resident operating privilege shall be imme-
 diately suspended and subsequently revoked, or, for operators under  the
 age  of twenty-one for whom there are reasonable grounds to believe that
 such operator has been operating a motor vehicle after  having  consumed
 alcohol  in  violation  of  section  eleven hundred ninety-two-a of this
 article, shall be revoked for refusal to submit to such chemical test or
 any portion thereof, whether or not the person is found  guilty  of  the
 charge  for which such person is arrested or detained, refuses to submit
 to such chemical test or any portion thereof, [unless a court order  has
 been  granted  pursuant  to subdivision three of this section,] the test
 S. 6485--C                          3
 
 shall not be given and a written report of such refusal shall  be  imme-
 diately  made  by  the police officer before whom such refusal was made.
 Such report may be verified by having the report sworn to, or by  affix-
 ing  to such report a form notice that false statements made therein are
 punishable as a class A misdemeanor pursuant to section  210.45  of  the
 penal  law  and  such  form notice together with the subscription of the
 deponent shall constitute a verification of the report.
   (a) Court ordered chemical tests.  Notwithstanding the  provisions  of
 subdivision  two of this section, no person who operates a motor vehicle
 in this state may refuse to submit to a chemical test of one or more  of
 the  following: breath, blood, urine or [saliva] ORAL/BODILY FLUIDS, for
 the purpose of determining the alcoholic  and/or  drug  content  of  the
 blood  OR  ORAL/BODILY  FLUIDS when a court order for such chemical test
 has been issued in accordance with the provisions of this subdivision.
   (b) When authorized. Upon refusal by any person to submit to a  chemi-
 cal  test  or any portion thereof as described above, the test shall not
 be given unless a police officer or a district attorney, as  defined  in
 subdivision  thirty-two  of  section 1.20 of the criminal procedure law,
 requests and obtains a court order to compel a person  to  submit  to  a
 chemical test to determine the alcoholic [or] AND/OR drug content of the
 person's  blood OR ORAL/BODILY FLUIDS upon a finding of reasonable cause
 to believe that:
   (1) such person was the operator of a motor vehicle and in the  course
 of  such  operation  a  person  other  than  the  operator was killed or
 suffered serious physical injury as defined  in  section  10.00  of  the
 penal law; and
   (2)  a.  either  such  person operated the vehicle in violation of any
 subdivision of section eleven hundred ninety-two of this article, or
   b. a breath TEST AND/OR  ORAL/BODILY  FLUID  test  administered  by  a
 police  officer  in  accordance with paragraph (b) of subdivision one of
 this section indicates that alcohol AND/OR A  DRUG  OR  DRUGS  has  been
 consumed by such person; and
   (3) such person has been placed under lawful arrest; and
   (4)  such  person  has  refused  to  submit  to a chemical test or any
 portion thereof, requested in accordance with the  provisions  of  para-
 graph  (a)  of  subdivision  two  of  this  section or is unable to give
 consent to such a test.
   (c) Reasonable cause; definition. For the purpose of this  subdivision
 "reasonable  cause"  shall  be  determined  by  viewing  the totality of
 circumstances surrounding the incident which, when taken together, indi-
 cate that the operator  was  driving  in  violation  of  section  eleven
 hundred  ninety-two of this article. Such circumstances may include, but
 are not limited to: evidence that the operator  was  operating  a  motor
 vehicle  in  violation  of  any  provision  of this article or any other
 moving violation at the time of the incident; any visible indication  of
 alcohol or drug consumption or impairment by the operator; the existence
 of  an  open container containing an alcoholic beverage AND/OR A DRUG OR
 DRUGS in or around  the  vehicle  driven  by  the  operator;  any  other
 evidence  surrounding  the circumstances of the incident which indicates
 that the operator has been operating a motor vehicle while  impaired  by
 the  consumption  of  alcohol or drugs or intoxicated at the time of the
 incident.
   (4) If the court is satisfied that the requirements for  the  issuance
 of  a  court  order  pursuant to the provisions of paragraph (b) of this
 subdivision have been met, it may grant the  application  and  issue  an
 order  requiring  the  accused to submit to a chemical test to determine
 S. 6485--C                          4
 
 the alcoholic and/or drug content of [his] SUCH  ACCUSED'S  blood  [and]
 AND/OR  ORAL/BODILY FLUIDS AND ordering the withdrawal of a blood AND/OR
 ORAL/BODILY FLUID sample in accordance with the provisions of  paragraph
 (a)  of subdivision four of this section. When a judge or justice deter-
 mines to issue an order to compel submission to a chemical test based on
 an oral application, the applicant therefor shall prepare the  order  in
 accordance  with the instructions of the judge or justice.  In all cases
 the order shall include the name of the issuing judge  or  justice,  the
 name  of the applicant, and the date and time it was issued.  It must be
 signed by the judge or justice if issued in person, or by the  applicant
 if issued orally.
   (e) Administration of compulsory chemical test. An order issued pursu-
 ant  to the provisions of this subdivision shall require that a chemical
 test to determine the alcoholic and/or drug content  of  the  operator's
 blood  AND/OR  ORAL/BODILY FLUID must be administered. The provisions of
 paragraphs (a), (b) and (c) of subdivision four of this section shall be
 applicable to any chemical test administered pursuant to this section.
   § 4. The subparagraph heading and clauses a and b of subparagraph 7 of
 paragraph (e) of subdivision 2 of section 1193 of the vehicle and  traf-
 fic law, the subparagraph heading as added by chapter 312 of the laws of
 1994, clause a as amended by chapter 732 of the laws of 2006, and clause
 b  as  separately amended by chapters 3 and 571 of the laws of 2002, are
 amended to read as follows:
   Suspension  pending  prosecution;  excessive  blood  alcohol  content,
 INTOXICATION  OR IMPAIRMENT BY A DRUG OR DRUGS. a. Except as provided in
 clause a-1 of this  subparagraph,  a  court  shall  suspend  a  driver's
 license,  pending prosecution, of any person charged with a violation of
 subdivision two, two-a, three, FOUR or four-a of section eleven  hundred
 ninety-two  of  this  article  who, at the time of arrest, is alleged to
 have had .08 of one percent or more by weight of alcohol in  such  driv-
 er's  blood  OR  IS  ALLEGED TO HAVE BEEN IMPAIRED BY THE INGESTION OF A
 DRUG OR DRUGS as shown OR  SUPPORTED  by  chemical  analysis  of  blood,
 breath,  urine  or [saliva] ORAL/BODILY FLUID, made pursuant to subdivi-
 sion two or three of section eleven hundred ninety-four of this article,
 OR BY AN EVALUATION CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT, OR
 ANY PORTION THEREOF, OR IF THE DRIVER  MADE  A  STATEMENT  ADMITTING  TO
 DRIVING  WHILE INTOXICATED BY ALCOHOL OR BY ANY SUBSTANCE OR COMBINATION
 OF SUBSTANCES, OR WHILE IMPAIRED BY A DRUG OR DRUGS.
   b. The suspension occurring under clause a of this subparagraph  shall
 occur  no  later  than at the conclusion of all proceedings required for
 the arraignment and the suspension occurring under clause  a-1  of  this
 subparagraph shall occur immediately after the holder's first appearance
 before  the  court  on the charge which shall, whenever possible, be the
 next regularly scheduled session of the court after the arrest or at the
 conclusion of all proceedings required for  the  arraignment;  provided,
 however,  that  if  the  results  of  any  test administered pursuant to
 section eleven hundred ninety-four of this  article  are  not  available
 within  such time period, the complainant police officer or other public
 servant shall transmit such results to the court at the time they become
 available, and the court shall, as soon  as  practicable  following  the
 receipt  of such results and in compliance with the requirements of this
 subparagraph, suspend such license. In order for  the  court  to  impose
 such  suspension it must find that the accusatory instrument conforms to
 the requirements of section 100.40 of the  criminal  procedure  law  and
 there  exists  reasonable  cause  to  believe either that (a) the holder
 operated a motor vehicle while such holder had .08  of  one  percent  or
 S. 6485--C                          5
 
 more  by  weight  of  alcohol in [his or her] SUCH HOLDER'S blood as was
 shown by chemical analysis of such  person's  blood,  breath,  urine  or
 [saliva]  ORAL/BODILY  FLUID, OR WAS IMPAIRED BY THE INGESTION OF A DRUG
 OR  DRUGS  AS  SUPPORTED BY SUCH CHEMICAL TEST ANALYSIS made pursuant to
 the provisions of section eleven hundred ninety-four of this article  or
 BY  AN  EVALUATION  CONDUCTED BY A CERTIFIED DRUG RECOGNITION EXPERT, OR
 ANY PORTION THEREOF, OR THE DRIVER MADE A STATEMENT ADMITTING TO DRIVING
 WHILE INTOXICATED BY  ALCOHOL  OR  BY  A  SUBSTANCE  OR  COMBINATION  OF
 SUBSTANCES,  OR WHILE IMPAIRED BY A DRUG OR DRUGS; OR (b) the person was
 the holder of a class DJ or MJ learner's permit or  a  class  DJ  or  MJ
 driver's  license  and operated a motor vehicle while such holder was in
 violation of subdivision one, two and/or three of section eleven hundred
 ninety-two of this article. At the time of such license  suspension  the
 holder shall be entitled to an opportunity to make a statement regarding
 these  two  issues  and to present evidence tending to rebut the court's
 findings.
   § 5. Section 1192 of the vehicle and traffic law is amended by  adding
 two new subdivisions 13 and 14 to read as follows:
   13.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER SUBDIVISION
 THREE OF THIS SECTION THAT THE OPERATOR SUFFERED AN ALLERGIC REACTION OR
 MEDICAL EMERGENCY RATHER THAN BEING IMPAIRED BY A SUBSTANCE OR  COMBINA-
 TION  OF  SUBSTANCES.    THE OPERATOR MUST PROVIDE WRITTEN NOTICE OF THE
 INTENT TO ASSERT THE AFFIRMATIVE DEFENSE AND SHALL  BE  SUBJECT  TO  THE
 RULES  OF  RECIPROCAL  DISCOVERY UNDER ARTICLE TWO HUNDRED FORTY-FIVE OF
 THE CRIMINAL PROCEDURE LAW FOR  ANY  MEDICAL  RECORDS  OR  DOCUMENTATION
 RELATED TO THE AFFIRMATIVE DEFENSE.
   14.  THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF CRIMINAL
 JUSTICE SERVICES SHALL COLLECT DATA ON  THE  NUMBER  OF  TRAFFIC  STOPS,
 ARRESTS  AND CONVICTIONS FOR DRIVING WHILE INTOXICATED BY A SUBSTANCE OR
 COMBINATION OF SUBSTANCES UNDER SUBDIVISION THREE OF  THIS  SECTION,  OR
 WHILE  IMPAIRED  BY A DRUG OR A COMBINATION OF DRUGS OR A COMBINATION OF
 DRUGS AND ALCOHOL UNDER SUBDIVISION FOUR OR FOUR-A OF THIS  SECTION.  IT
 SHALL  REPORT  THE  NUMBER  OF TRAFFIC STOPS, ARRESTS AND CONVICTIONS BY
 RACE, SEX, AGE AND NATIONAL ORIGIN AND PROVIDE AN ANNUAL REPORT  TO  THE
 GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
 SENATE.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed 5 years after such effective date.