LAWS OF NEW YORK, 2002
CHAPTER 3
.08 DWI


EXPLANATION—Matter in italics is new; matter in brackets [ ] is
old law to be omitted.


LAWS OF NEW YORK, 2002
CHAPTER 3

AN ACT to amend the vehicle and traffic law, in relation to reducing the
blood alcohol level threshold for determination of intoxication

Became a law December 23, 2002, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 2 of section 1192 of the vehicle and traffic
law, as added by chapter 47 of the laws of 1988, is amended to read as
follows:
2. Driving while intoxicated; per se. No person shall operate a motor
vehicle while such person has [.10] .08 of one per centum or more 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.

§§ 2. Subdivision 6 of section 1192 of the vehicle and traffic law, as
amended by chapter 196 of the laws of 1996, is amended to read as
follows:
6. Commercial motor vehicles; per se - level II. Notwithstanding the
provisions of section eleven hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while such person has
more than .07 of one per centum but less than [.10] .08 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;
provided, however, nothing contained in this subdivision shall prohibit
the imposition of a charge of a violation of subdivision one of this
section.

§§ 3. Clauses a and b of subparagraph 7 of paragraph (e) of subdivision
2 of section 1193 of the vehicle and traffic law, as added by chapter
312 of the laws of 1994, is amended to read as follows:
a. A court shall suspend a driver's license, pending prosecution, of
any person charged with a violation of subdivision two or three of
section eleven hundred ninety-two of this article who, at the time of
arrest, is alleged to have had [.10] .08 of one percent or more by
weight of alcohol in such driver's blood as shown by chemical analysis
of blood, breath, urine or saliva, made pursuant to subdivision two or
three of section eleven hundred ninety-four of this article.
b. The suspension occurring under this subparagraph shall occur no
later than at the conclusion of all proceedings required for the
arraignment; provided, however, that if the results of any test adminis-
tered pursuant to section eleven hundred ninety-four of this article are
not available within such time period, the complainant police officer or
other public servant shall transmit such results to the court at the
time they become available, and the court shall, as soon as practicable
following the receipt of such results and in compliance with the
requirements of this subparagraph, suspend such license. In order for
the court to impose such suspension it must find that the accusatory
instrument conforms to the requirements of section 100.40 of the crimi-
nal procedure law and there exists reasonable cause to believe that the
holder operated a motor vehicle while such holder had [.10] .08 of one
percent or more by weight of alcohol in his or her blood as was 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. At the time of such license suspension the holder shall be
entitled to an opportunity to make a statement regarding these two
issues and to present evidence tending to rebut the court's findings.

§§ 4. Paragraph (c) of subdivision 2 of section 1195 of the vehicle and
traffic law, as added by chapter 47 of the laws of 1988, is amended to
read as follows:
(c) Evidence that there was more than .07 of one per centum but less
than [.10] .08 of one per centum by weight of alcohol in such person's
blood shall be prima facie evidence that such person was not in an
intoxicated condition, but such evidence shall be given prima facie
effect in determining whether the ability of such person to operate a
motor vehicle was impaired by the consumption of alcohol.

§§ 5. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, provided,
however, that the amendments to clauses a and b of subparagraph 7 of
paragraph (e) of subdivision 2 of section 1193 of the vehicle and traf-
fic law made by section three of this act shall not affect the repeal of
such subparagraph and shall be deemed repealed therewith.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated April 24, 2003