What's happening
This bill requires people convicted of alcohol-related driving offenses to carry disposable breathalyzers and mandates bars to offer them to customers.
Why it matters
Extends post-conviction obligations. People convicted of drunk driving must carry at least two single-use breathalyzers in any vehicle they operate for ten years—an unusually long period—potentially affecting daily life, vehicle access, and law enforcement interactions.
Introduces new compliance risks. Failure to carry the breathalyzers becomes a civil offense (up to $250 fine), creating a new way for individuals to face additional penalties beyond existing DUI sanctions.
Changes bar and restaurant operations. All bars and similar establishments must stock disposable breathalyzers and make them available to customers, possibly altering costs, staff responsibilities, and how patrons assess their own sobriety before driving.
Aims to influence behavior and public safety. By making breathalyzers more accessible and mandatory for offenders, the bill seeks to encourage personal responsibility, potentially reduce repeat offenses, and provide tangible tools for individuals to avoid impaired driving, but also raises questions of effectiveness and enforcement practicality.
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Who cares
Headline styles
Require Breathalyzers for Offenders
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6161
2017-2018 Regular Sessions
IN ASSEMBLY
February 27, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring persons convicted of an alcohol related driving offense to carry disposable breathalyzers; and to amend the alcoholic beverage control law, in relation to requiring certain establishments to make disposable breathalyzers available to customers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1193 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows:
3. Disposable breathalyzers. In addition to the imposition of any fine or period of imprisonment set forth in this section, the court shall also require such person convicted of a violation of any provision of section eleven hundred ninety-two or eleven hundred ninety-two-a of this article to carry no fewer than two single use disposable breathalyzers in any motor vehicle such person is operating for a period of ten years from the date of such conviction. Any person subject to the provisions of this subdivision who operates a motor vehicle in violation of this subdivision shall be subject to a civil penalty of not more than two hundred fifty dollars.
§ 2. The alcoholic beverage control law is amended by adding a new section 132 to read as follows:
§ 132. Disposable breathalyzers. 1. Any person, firm, partnership, association, corporation or other business entity doing business in this state who holds any license to sell alcoholic beverages at retail for consumption on the premises shall make a single use disposable breathalyzer available to any customer at such premises for use by such customer upon request. Such business entity may charge a nominal fee for such breathalyzer, provided that in no event shall such fee be more than the price paid by such business entity for such breathalyzer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07806-01-7
A. 6161 2
2. Any person, firm, partnership, association, corporation or other business entity who violates the provisions of this section shall be subject to a civil penalty of not more than two hundred fifty dollars.
§ 3. This act shall take effect on the sixtieth 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.