NY State Senate Bill 2025-S53

Senate Bill S53

2025-2026 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

Archive: Last Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to transportation

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2025-S53 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5117
2021-2022: S131
2023-2024: S776

2025-S53 (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.

2025-S53 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  LIU,  COMRIE, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL,
   JACKSON, MAYER, RAMOS, RIVERA, SALAZAR, SEPULVEDA,  STAVISKY  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Transportation

 AN ACT to amend the vehicle and traffic law, in relation to lowering the
   blood alcohol concentration required  for  driving  while  intoxicated
   from  .08  of  one per centum to .05, and for aggravated driving while
   intoxicated from .18 of one per centum to .12
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2, paragraph (a) of subdivision 2-a, subdivi-
 sion 5 and subdivision 6 of section 1192 of the vehicle and traffic law,
 subdivision 2 as amended by chapter 3 of the laws of 2002, paragraph (a)
 of subdivision 2-a as amended by chapter 496 of the  laws  of  2009  and
 subdivisions  5 and 6 as amended by chapter 236 of the laws of 2003, are
 amended to read as follows:
   2. Driving while intoxicated; per se. No person shall operate a  motor
 vehicle  while  such  person  has [.08] .05 of one per centum or more by
 weight of alcohol in the person's blood as shown by chemical analysis of
 such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
 provisions of section eleven hundred ninety-four of this article.
   (a)  Per se. No person shall operate a motor vehicle while such person
 has [.18] .12 of one per centum or more by weight  of  alcohol  in  such
 person's  blood  as  shown  by chemical analysis of such person's blood,
 breath, urine or saliva made pursuant to the provisions of section elev-
 en hundred ninety-four of this article.
   5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
 provisions  of  section  eleven  hundred ninety-five of this article, no
 person shall operate a commercial motor vehicle while  such  person  has
 .04  of  one  per  centum or more but not more than [.06] .05 of one per
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00478-01-5
 S. 53                               2
 
 centum by weight of alcohol in the person's blood as shown  by  chemical
 analysis  of such person's blood, breath, urine or saliva, made pursuant
 to the provisions of section eleven hundred ninety-four of this article;
 provided,  however, nothing contained in this subdivision shall prohibit
 the imposition of a charge of a violation of  subdivision  one  of  this
 section, or of section eleven hundred ninety-two-a of this article where
 a person under the age of twenty-one operates a commercial motor vehicle
 where  a  chemical  analysis  of  such person's blood, breath, urine, or
 saliva, made pursuant to the provisions of section eleven hundred  nine-
 ty-four of this article, indicates that such operator has .02 of one per
 centum  or more but less than .04 of one per centum by weight of alcohol
 in such operator's blood.
   6. Commercial motor vehicles; per se - level II.  Notwithstanding  the
 provisions  of  section  eleven  hundred ninety-five of this article, no
 person shall operate a commercial motor vehicle while  such  person  has
 more  than  [.06]  .05 of  one  per centum [but less than .08 of one per
 centum] by weight of alcohol in the person's blood as shown by  chemical
 analysis  of such person's blood, breath, urine or saliva, made pursuant
 to the provisions of section eleven hundred ninety-four of this article;
 provided, however, nothing contained in this subdivision shall  prohibit
 the  imposition  of  a  charge of a violation of subdivision one of this
 section.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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