Provides for mandatory testing of breath, blood or urine in the event of a motor vehicle collision resulting in death or injury

1 Co-sponsor

• Catharine Young

Title of bill

An act to amend the vehicle and traffic law, in relation to mandatory testing in the event of a motor vehicle collision resulting in injury or death

Purpose

To provide a mechanism for greater enforcement of driving while intoxicated and driving while ability impaired laws involving motor vehicle accidents.

Summary of provisions

Section one of this bill adds a new subparagraph 2-a to paragraph (a) of subdivision 2 of section 1194 of the Vehicle and Traffic law such that there is implied consent for Blood-Alcohol Concentration (BAC) testing on a person when a there are reasonable grounds to believe that that person caused serious physical injury or death to another person while operating a vehicle.

Section two of this bill amends subdivision 3 of section 1194 of the Vehicle and Traffic law to disallow people from refusing BAC testing in the situation where the person operated a motor vehicle causing the death of another person. Further, in the situation where the operator of the vehicle does refuse BAC testing, or is unable to give consent for the BAC testing, the test cannot be given unless a police officer or district attorney obtains a court order finding reasonable cause that the operator of the vehicle did cause serious injury or death to another and either refused testing or could not consent to testing.

Section three of this bill provides that this legislation will take effect on the succeeding first of November from the date when this legislation becomes law.

Justification

All too often, intoxicated drivers who are involved in motor vehicle crashes escape prosecution. In August of 2004, the National Highway Traffic Safety Administration's Final Report on State Laws and Practices for BAC Testing and Reporting Drivers Involved in Fatal Crashes, found that New York State reported testing only 3.9% of surviving drivers who were involved in fatal crashes for their BAC. Only two states reported testing a smaller percentage of surviving drivers involved in fatal crashes. This legislation requires a mandatory chemical test be performed when there is a serious personal injury or a death as a result of a motor vehicle accident where it is reasonably believed that the driver was under the influence of alcohol.

Prior legislative history

2013-14: S.1446 Passed Senate 2011-12: S.4422 Passed Senate/Assembly codes 2009-10: S.2498 Transportation 2007-08: S.4014/A.6945 2006: A.7002-A

Fiscal impact

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.