Consolidated Laws of New York Vehicle & Traffic Section 1192
Type of DUID Law: Impairment
Section 1192
- Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.
Type of Drugs Prohibited: Drugs and controlled substances listed in Section 3306 of the Public Health Law (very extensive listing)
Required Proof:
- Defendant was operating a motor vehicle in New York;
- While operating the motor vehicle, Defendant was using a drug; and
- The use of the drug impaired the Defendant’s ability to operate the vehicle.
Possible Defenses Allowed by Statute: None found
Implied Consent for Drugs: Yes
Special Circumstances: If a driver is involved in an accident involving a fatality or serious injury, he/she may be compelled to submit to a chemical test.
Marijuana in vehicle
- New York allows the medicinal use of marijuana by certain registered patients. A registered patient may not consume marijuana in a vehicle located on a public highway, private road open to traffic, or public parking lot. 10 NYCRR 1004.18(c).
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
