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NY A03981
Bill
Status
1/30/2025
Primary Sponsor
William Magnarelli
Click for details
AI Summary
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Defines "impairment" as voluntary consumption of alcohol or drugs that affects physical and mental abilities to any extent, and "intoxication" as a greater degree where the driver is substantially incapable of operating a vehicle
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Authorizes police officers to administer oral/bodily fluid tests in addition to breath tests during field testing of drivers involved in accidents or traffic violations
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Makes refusal to submit to a breath test and/or oral/bodily fluid test a traffic infraction
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Requires courts to suspend licenses pending prosecution for drivers charged with drug impairment when supported by chemical analysis, drug recognition expert evaluation, or the driver's own admission of intoxication
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Creates an affirmative defense for drivers who can prove they experienced an allergic reaction or medical emergency rather than drug impairment
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Mandates data collection on traffic stops, arrests, and convictions for drug-related DWI offenses, broken down by race, sex, age, and national origin, with annual reports to the governor and legislature
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Takes effect November 1 following enactment and automatically repeals after 5 years
Legislative Description
Relates to procedures relating to driving while ability impaired by drugs; defines impairment and intoxication; updates procedures for field testing of drivers suspected of being under the influence of drugs to include the use of oral/bodily fluid tests; provides that refusal to submit to such field tests is specified to be a traffic infraction; makes related provisions.
Last Action
referred to transportation
1/7/2026