Assembly Bill A3208

2019-2020 Legislative Session

Lowers the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .05, and for aggravated driving while intoxicated from .18 per centum to .12

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A3208 (ACTIVE) - Details

See Senate Version of this Bill:
S5117
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7565
2015-2016: A4369
2017-2018: A2302
2021-2022: A7197, S131
2023-2024: A1627, S776
2025-2026: S53

2019-A3208 (ACTIVE) - Summary

Lowers the blood alcohol concentration required for driving while intoxicated from .08 of one per centum to .05, and for aggravated driving while intoxicated from .18 per centum to .12.

2019-A3208 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3208
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ, D'URSO, SIMON, ENGLEBRIGHT, COLTON, GOTT-
   FRIED, PICHARDO, DAVILA, WILLIAMS -- read once  and  referred  to  the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to lowering the
   blood  alcohol  concentration  required  for driving while intoxicated
   from .08 of one per centum to .05, and for  aggravated  driving  while
   intoxicated from .18 of one per centum to .12
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2, paragraph (a) of subdivision  2-a,  subdivi-
 sion 5 and subdivision 6 of section 1192 of the vehicle and traffic law,
 subdivision 2 as amended by chapter 3 of the laws of 2002, paragraph (a)
 of  subdivision  2-a  as  amended by chapter 496 of the laws of 2009 and
 subdivisions 5 and 6 as amended by chapter 236 of the laws of 2003,  are
 amended to read as follows:
   2.  Driving while intoxicated; per se. No person shall operate a motor
 vehicle while such person has [.08] .05 of one per  centum  or  more  by
 weight of alcohol in the person's blood as shown by chemical analysis of
 such  person's  blood,  breath,  urine  or  saliva, made pursuant to the
 provisions of section eleven hundred ninety-four of this article.
   (a) Per se. No person shall operate a motor vehicle while such  person
 has  [.18]  .12 of  one  per centum or more by weight of alcohol in such
 person's blood as shown by chemical analysis  of  such  person's  blood,
 breath, urine or saliva made pursuant to the provisions of section elev-
 en hundred ninety-four of this article.
   5.  Commercial  motor  vehicles: per se - level I. Notwithstanding the
 provisions of section eleven hundred ninety-five  of  this  article,  no
 person  shall  operate  a commercial motor vehicle while such person has
 .04 of one per centum or more but not more than  [.06]  .05 of  one  per
 centum  by  weight of alcohol in the person's blood as shown by chemical
 analysis of such person's blood, breath, urine or saliva, made  pursuant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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