What's happening
This bill defines "impaired" and "intoxication" for drivers under New York law and creates a medical emergency defense.
Why it matters
Clarifies legal standards for "impaired" and "intoxicated" driving. The bill provides specific definitions, making it easier for law enforcement, courts, and the public to understand the threshold for each term, which could impact how DWI/DUI cases are prosecuted and defended.
Potentially broadens what counts as impairment. By defining impairment as any voluntary consumption of substances that affects a driver’s physical or mental abilities "to any extent," the law could apply to a wider range of situations, including low levels of drug or alcohol use, and possibly even some prescription medications.
Introduces a medical emergency defense with limits. Drivers charged with impairment or intoxication could claim an allergic reaction or medical emergency as a defense, but this is not allowed if the substance consumed is a controlled substance under New York Public Health Law. This may protect those who suffer accidental medical events, while still preventing misuse of the defense involving illegal drugs.
May affect how cases are argued and decided. By codifying these definitions and the medical emergency defense, the bill could change how evidence is presented in court, influencing both prosecutorial strategy and defense tactics in impaired driving cases.
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Who cares
Headline styles
Clarify Drunk Driving Definitions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-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.
Define Impaired, Intoxicated Driving
In Assembly Committee · Transportation · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4365
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09894-01-7
S. 4365 2
§ 4. 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.
Sponsor's memo
Title of bill
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
Purpose
To codify accepted legal definitions and include alteration of physical or mental abilities by known or unknown substances.
Summary of provisions
Section 119-b defines impaired in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 NY.2nd 419, (1979).
Section 120-a defines intoxication in conformity with the language of the New York State Court of Appeals ruling in People v. Cruz, 48 N.Y.2n 419, (1979) and expands such definition to encompass situations described in the New York State Court of Appeals ruling in People v. Litto, 8 N.Y.3rd 692, (2007). Adds a new subdivision 13 to section 1192 of the VTL providing an affirmative defense for an operator who suffered and allergic reaction or medical emergency rather than being impaired by the substance or combination of substances.
Justification
All too often, intoxicated drivers who are under the influence of a substance that has not been placed upon the New York Sate Public Health Law Schedule 3306 or a substance that cannot be determined, escape pros- ecution. Clearly dangerous drivers can frustrate the prosecution of their own acts by the simple legislatively sanctioned expedient of refusing a chemical test of their blood breath and urine. If the driver has no contraband and makes no admissions, the intoxicating substance ingested will not be known to law enforcement, a condition precedent to prosecution under our current laws. Additionally, some clearly danger- ous drivers who ingest substances or combinations of substances not listed in the Public Health Law may not be prosecuted under our current laws.
In January of 2004, after becoming intoxicated from ingesting an aerosol spray can of "Dust-off, Vincent Litto veered into oncoming traffic, killing 18-year-old Kristian Roggio Litto and injuring James Sienna, and two others.
Legislative history
2017: S.4365 - Referred to Transportation/ A.6551- Referred to Transpor- tation. 2016: S.3730 - Referred to Transportation. / A.9912 - Referred to Trans- portation. 2015: S.3730 - Referred to Transportation. 2012: S.6030 - Referred to Codes / A.10747 - Referred to Codes.
Fiscal implications
None.
Effective date
This act shall take effect first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.