What's happening
This bill requires mandatory alcohol or substance abuse screening for certain motor vehicle offenses, including violations of the new subdivision four-a.
Why it matters
Expands mandatory screening. to include individuals charged with or convicted of violating the newly added subdivision four-a, meaning more drivers involved in certain offenses will be assessed for alcohol or substance abuse issues.
Targets early intervention. by requiring screening at the arraignment or before sentencing, which could connect individuals with needed treatment services sooner and potentially reduce repeat offenses.
Standardizes the screening process. by specifying the use of a written instrument developed by the state’s Office of Alcoholism and Substance Abuse Services, aiming for consistency and reliability in identifying those at risk.
Signals a policy shift. toward treating impaired driving not just as a criminal matter, but also as a public health issue, which may lead to broader support services for those struggling with substance use.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Drivers facing a first violation of Vehicle and Traffic Law § 1192(4-a)
The bill would require them to undergo alcohol or substance abuse and dependency screening at arraignment or, at the court’s discretion, before sentencing.
Courts handling impaired-driving cases
The bill would expand the offenses for which courts must order screening to include first violations of § 1192(4-a).
Alcohol and substance abuse professionals
They would administer the required screening to the newly covered drivers using the standardized written instrument developed by the Office of Alcoholism and Substance Abuse Services.
Headline styles
Expand DUI Screening Requirements
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
213
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HELMING -- 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 mandatory screening procedures
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 1198-a of the vehicle and traffic law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
(a) Mandatory screening; when authorized. Upon the arraignment of, or at the discretion of the court, prior to the sentencing of any person who (i) at arraignment is charged with or prior to sentencing convicted of a first violation of operating a motor vehicle in violation of subdivision one, two or three or paragraph (b) of subdivision two-a of section eleven hundred ninety-two of this article while such person has less than .15 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article, or in violation of subdivision four or subdivision four-a of such section eleven hundred ninety-two, or (ii) has refused to submit to a chemical test pursuant to section eleven hundred ninety-four of this article, the court shall order such person to submit to screening for alcohol or substance abuse and dependency using a standardized written screening instrument developed by the office of alcoholism and substance abuse services, to be administered by an alcohol or substance abuse professional.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00570-01-5
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 mandatory screening procedures
Purpose
To provide an additional tool for intervention in cases of defendants who suffer from addiction and would benefit from intervention or a fair clinical assessment of their situation. This amendment would aid the courts in addressing this crisis at a local level.
Summary of provisions
Section 1: Paragraph (a) of subdivision 2 of section 1198-a of the vehi- cle and traffic law is amended to provide for mandatory screening when a person is in violation of subdivision 4(a) (driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs) of Section 1192 of the Vehicle and Traffic Law.
Section 2: Provides for an immediate effective date.
Justification
Driving while intoxicated (DWI) or driving under the influence of drugs (DWAI) are serious crimes that can result in grievous injuries or death. Enhanced laws that treat these crimes as public safety issues are required to protect innocent citizens
Many counties are experiencing a significant increase in the number of opioid-related deaths and emergency room visits. Currently, courts may issue a mandatory screening when a defendant is charged with driving while ability impaired by drugs. However, due a current "loophole" in the Vehicle and Traffic Law, courts are precluded from ordering mandato- ry screenings of defendants who are charged with driving while ability impaired by the combined influence of drugs or alcohol and any drugs. Amending VTL § 1198-a would empower judges to order screening or assess- ments at arraignments on a violation of § 1198 (4-a) and would provide another tool to combat opioid abuse.
Legislative history
2023-2024: S.4524 referred to Transportation
2021-2022: S.2602 referred to Transportation
2019-2020: S.4464 referred to Transportation/A.7471 referred to Trans- portation
Fiscal implications
To be determined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.