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A1008Assembly2017-2018 Session

Court Order Needed for BAC Tests

Official title

“Requires a police officer or a district attorney to apply for a court order to compel a chemical test to determine blood alcohol content in certain cases”

Sponsor J. Gary PretlowAD-89Affects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires police or district attorneys to request court orders for compulsory chemical tests after DWI refusals, with exceptions for medical or emergency situations.

Why it matters

  1. Strengthens due process protections. by making it mandatory for police or district attorneys to seek a court order before compelling a chemical test after a DWI refusal, rather than allowing immediate testing without judicial oversight.

  2. Narrows exceptions. to this court order requirement, only allowing bypass in cases where requesting an order would interfere with urgent medical needs or other emergency circumstances—potentially safeguarding both public safety and individual rights.

  3. May impact DWI investigation timelines and procedures. , as law enforcement must now formally document reasonable cause and obtain judicial approval in most cases, possibly leading to changes in training, resource allocation, or evidentiary practices.

  4. Could affect legal outcomes in DWI cases. , since evidence obtained without a required court order might be challenged or suppressed, increasing the importance of proper legal procedure during DWI investigations.

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Who cares

Headline styles

Court Order Needed for BAC Tests

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1008

2017-2018 Regular Sessions

IN ASSEMBLY

January 10, 2017

Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the application for court orders for compulsory chemical tests to determine blood alcohol content

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The opening paragraph of paragraph (b) of subdivision 3 of section 1194 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, is amended to read as follows:

Upon refusal by any person to submit to a chemical 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] shall request a court order to compel a person to submit to a chemical test to determine the alcoholic or drug content of the person's blood [upon a finding of] if such police officer or district attorney finds that there exists reasonable cause to believe that:

§ 2. Subdivision 3 of section 1194 of the vehicle and traffic law is amended by adding a new paragraph (f) to read as follows:

(f) Exception. Notwithstanding the provisions of paragraph (b) of this subdivision, a police officer shall not be required to request a court order to compel submission to a chemical test where such request would impair the ability to address medical needs or other exigent circumstances at the scene of an incident.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05611-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.