What's happening
This bill defines "impaired" and "intoxication" for drivers and allows a medical emergency defense unless the substance is prohibited.
Why it matters
Clarifies legal standards for driving under the influence. by precisely defining “impaired” and “intoxicated,” making it easier for courts, law enforcement, and drivers to understand what level of substance use is illegal while operating a vehicle.
Introduces a medical emergency defense for drivers. who experience an allergic reaction or medical emergency, allowing them to avoid conviction if their driving was affected by such a condition rather than voluntary substance use—unless the substance is specifically banned under state law.
Specifies that the medical emergency defense does not apply to certain prohibited substances. , referencing the public health law, which means drivers cannot claim this defense if the substance involved is on the list of strictly controlled or illegal drugs.
Potentially impacts how DUI/DWI cases are prosecuted and defended. , offering new legal strategies for defendants and requiring prosecutors to address the source of a driver’s impairment, not just the presence of substances.
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Who cares
Headline styles
Define Driving Impairment Levels
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.
Define Impaired, Intoxicated Driving
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
7156
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
Introduced by M. of A. CUSICK, McDONOUGH -- Multi-Sponsored by -- M. of A. D'URSO -- 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.
LBD03540-01-9
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.