What's happening
This bill presumes drivers who flee fatal or injury-causing accident scenes were driving with a blood alcohol level of .18% or higher.
Why it matters
Shifts legal burden onto drivers who flee. By presuming a very high blood alcohol concentration (.18% or higher) for drivers who leave the scene of a serious or fatal accident, the law makes it much harder for those drivers to avoid severe penalties by fleeing before they can be tested.
Closes a major loophole in DUI enforcement. Currently, drivers who flee might escape the most serious drunk-driving charges if police cannot test their blood alcohol level in time. This bill directly addresses that problem, aiming to deter drivers from running after a crash.
Raises potential criminal penalties. With this presumption, drivers who flee are more likely to face the harshest consequences reserved for highly intoxicated individuals, increasing the risk of lengthy prison sentences and felony records.
Impacts legal defenses in court. The presumption is "rebuttable," but places the burden on the accused to prove they were not at or above .18% BAC—a significant shift that could lead to more convictions or plea deals in cases where defendants previously might have avoided DUI charges simply by fleeing.
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Presume Drunk in Hit-and-Run
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4917
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to leaving the scene of a motor vehicle accident that caused the death of a person or persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The second undesignated paragraph of section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article. If the person operating such motor vehicle leaves the scene of the accident that resulted in the death described in this article in the manner defined in subdivision two of section six hundred of the vehicle and traffic law, then he or she is presumed to have been operating the motor vehicle while such person has .18 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 eleven hundred ninety-four of the vehicle and traffic law, at the time of such accident.
§ 2. The second undesignated paragraph of section 120.04-a of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09095-01-7
A. 4917 2
If it is established that the person operating such motor vehicle caused such serious physical injury or injuries while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such serious physical injury or injuries, as required by this section and section 120.03 of this article. If the person operating such motor vehicle leaves the scene of the accident that resulted in the injuries described in this article in the manner defined in subdivision two of section six hundred of the vehicle and traffic law, then he or she is presumed to have been operating the motor vehicle while such person has .18 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 eleven hundred ninety-four of the vehicle and traffic law, at the time of such accident.
§ 3. This act shall take effect on the one hundred twentieth day after 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.