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A5802Assembly2019-2020 Session

Require DUI Offenders Carry Breathalyzers

Official title

“Requires person convicted of an alcohol related driving offense to carry no fewer than two single use disposable breathalyzers”

Sponsor Felix OrtizAD-51Affects Transportation
Status
In Assembly Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires people convicted of alcohol-related driving offenses to carry disposable breathalyzers and mandates bars provide them to customers.

Why it matters

  1. Extends post-conviction requirements. People found guilty of alcohol-related driving offenses must carry at least two single-use breathalyzers in any car they drive for a full decade, adding a long-term personal responsibility element beyond fines or jail time.

  2. Creates a new compliance risk. Failing to have the breathalyzers in the vehicle, even years after conviction, could result in an additional civil penalty, making it important for affected individuals to remain vigilant long after their sentence.

  3. Increases public access to self-testing. All bars and similar venues would be legally required to offer disposable breathalyzers to customers (at cost), potentially empowering patrons to make more informed decisions about whether they are safe to drive.

  4. Promotes cultural change around drinking and driving. By making breathalyzers a routine part of both the driving and hospitality experience, the bill could help normalize self-monitoring for intoxication and encourage safer behavior, potentially reducing impaired driving incidents.

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Who cares

Headline styles

Require DUI Offenders Carry Breathalyzers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5802

2019-2020 Regular Sessions

IN ASSEMBLY

February 19, 2019

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.

LBD09908-01-9

A. 5802 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.