What's happening
This bill expands impaired driving laws to include impairment from inhalants and other substances, and updates definitions and defenses related to such offenses.
Why it matters
Broadens what counts as impaired driving. By explicitly including inhalants, nitrous oxide, difluoroethane, and a wide range of other chemicals and pharmaceuticals, the law closes loopholes, making it easier to prosecute drivers impaired by substances other than alcohol or traditional drugs.
Modernizes definitions to match current substance use patterns. The updated language covers new and emerging substances people might misuse (like certain aerosols or designer drugs), ensuring the law keeps pace with trends in substance abuse and impaired driving.
Clarifies and limits possible legal defenses. The bill allows a defense for genuine allergic reactions or medical emergencies—but not if the substance is one already regulated under the law for its potential for abuse. This helps prevent misuse of medical defenses in court.
Aims to improve public safety and legal clarity. By expanding the scope of impaired driving laws and refining key definitions, the legislation seeks to reduce ambiguity for law enforcement, prosecutors, and the public, potentially lowering the risk of accidents caused by drivers under the influence of less-common intoxicants.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Drugged and Drunk Driving
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Drugged Driving Laws
In Assembly Committee · Transportation · Sponsor George Amedore
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2513
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. SIMOTAS, McDONOUGH, MURRAY -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public health law, in relation to driving a motor vehicle under the influence of drugs or combined use of drugs and alcohol
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 119-c to read as follows:
§ 119-c. Inhalant. The term "inhalant" when used in this chapter shall refer to the smelling or inhaling of any substance set forth in subdivision one of section thirty-three hundred eighty of the public health law or the prohibited use of nitrous oxide as set forth in subdivision five of such section, except for the inhalation of any such substance for medical or dental purposes.
§ 2. Subdivisions 4 and 4-a of section 1192 of the vehicle and traffic law, subdivision 4 as added by chapter 47 of the laws of 1988 and subdivision 4-a as added by chapter 732 of the laws of 2006, are amended to read as follows:
4. Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug or inhalant as defined in this chapter, or impaired by the voluntary ingestion of any other chemical, inhalant, pharmaceutical or other impairing substance or combination of substances to the extent the driver is incapable of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle in a reasonable and prudent manner.
4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs and/or inhalants or of alco-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03806-01-7
A. 2513 2
hol and any drug or drugs and/or inhalants or by the combined influence of alcohol or any drug or drugs and/or inhalants with any chemical, pharmaceutical, inhalant or other impairing substance or combination of substances to the extent the driver is incapable of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle in a reasonable and prudent manner.
§ 3. Paragraph (b) of subdivision 1 of section 3380 of the public health law, as amended by chapter 234 of the laws of 1985, is amended to read as follows:
(b) As used in this section hazardous inhalants shall mean and include the hydrocarbon difluoroethane and any of the preparations of compounds containing one or more of the chemical compounds[;]: amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any other [akyl] alkyl nitrite compound that is either designed to be used, or commonly used, as an inhalant.
§ 4. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 13 to read as follows:
13. It shall be an affirmative defense to a charge under subdivisions four and four-a of this section that the operator suffered an allergic reaction or medical emergency rather than being impaired by the substance or combination of substances, provided, however, that no defense shall be available if any such ingested substance is contained in section three thousand three hundred six or section three thousand three hundred eighty of the public health law.
§ 5. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.