What's happening
This bill redefines "impaired" and "intoxication" for drivers and creates a medical emergency defense to related charges.
Why it matters
Clarifies the difference between "impaired" and "intoxicated" driving. The bill creates distinct legal definitions—"impaired" now means any reduction in a driver's expected abilities due to substances, while "intoxicated" requires a higher threshold, where the driver is incapable of safely operating a vehicle. This change could affect how prosecutors, defense attorneys, and courts approach DWI and related cases.
Potentially broadens what counts as "impaired". By defining impairment as any extent of diminished ability (not just substantial or obvious impairment), more drivers could be charged under this standard, even for minor or borderline cases involving legal or over-the-counter substances.
Introduces a medical emergency defense. Drivers charged with impairment or intoxication can now argue that their condition was due to an allergic reaction or medical emergency, not substance use. This could protect individuals who experience sudden health crises while driving, but the defense is not allowed if the substance involved is listed as a controlled substance in the public health law, narrowing its applicability.
May influence law enforcement and court practices. The new definitions and affirmative defense could lead to changes in how police officers identify and document impairment, and how courts evaluate evidence and defenses in DWI cases, possibly resulting in different prosecution rates and outcomes.
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Who cares
Drivers
The bill would define impairment and intoxication based on how voluntarily consumed substances affect the abilities needed to drive reasonably and prudently.
Police and prosecutors
The bill would establish impairment as any loss of those driving abilities and intoxication as a greater degree of impairment that leaves a driver incapable of using them.
Defense attorneys
The bill would create an affirmative defense to charges under Vehicle and Traffic Law section 1192 for an allergic reaction or medical emergency rather than substance impairment.
Drivers experiencing allergic reactions or medical emergencies
The proposed defense would be unavailable if any consumed substance is listed in Public Health Law section 3306.
Headline styles
Define Impaired, Intoxicated Driving
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
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.
Clarify Drunk Driving Definitions
In Senate Committee · Transportation · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6551
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
Introduced by M. of A. CUSICK, McDONOUGH -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the definitions of the terms "impaired" and "intoxication" for the purposes of such law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 119-b of the vehicle and traffic law is renumbered section 119-c and a new section 119-b is added to read as follows:
§ 119-b. Impaired. Impairment is reached when a driver has voluntarily consumed or ingested a substance or combination of substances to the extent that the driver has impaired, to any extent, the physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver.
§ 2. The vehicle and traffic law is amended by adding a new section 120-a to read as follows:
§ 120-a. Intoxication. Intoxication is a greater degree of impairment which is reached when a driver has voluntarily consumed or ingested a substance or combination of substances to the extent that the driver is incapable of employing the physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver.
§ 3. 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 any subdivision 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 consumed or ingested substance is contained in section thirty-three hundred six of the public health law.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09894-01-7
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.