What's happening
This bill defines "impaired" and "intoxication" for drivers and allows a medical emergency defense, with certain exceptions.
Why it matters
Clarifies legal standards for "impaired" and "intoxicated" driving. By defining these terms, the bill provides clearer guidance for law enforcement, prosecutors, and courts, potentially affecting how DUI/DWI cases are charged and adjudicated.
Adjusts legal thresholds for impairment. The distinction made between "impaired" (any diminishment of ability) and "intoxication" (incapable of safe driving) could broaden or narrow the pool of drivers subject to prosecution, depending on application.
Introduces a medical emergency defense. Drivers charged under these laws may now claim an allergic reaction or medical emergency caused their condition, potentially protecting individuals who are not willfully impaired—though this defense is not allowed if the substance is listed under a specific section of the public health law (likely controlled substances).
Impacts legal outcomes and personal responsibility. The changes could influence plea bargains, trial strategies, and personal decisions about driving after consuming any substance, as the law more precisely articulates what constitutes impaired or intoxicated driving.
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Define Impaired, Intoxicated Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Driving Impairment Levels
In Assembly Committee · Transportation · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
377
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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.
§ 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.
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
2018: S.4365- Referred to Transportation/A.6551- Referred to Transporta- tion 2017: S.4365- Referred to Transportation/A.6551- Referred to Transporta- tion 2016: S.3730- Referred to Transportation/A.9912- Referred to Transporta- tion 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.