In the state of New York, it is a crime to drive while intoxicated. Anyone over 21 years old who is operating a motor vehicle and has a Blood Alcohol Content (BAC) of .08% or higher can be found guilty of a DUI and may be prosecuted by the New York state laws.
New York DUI Laws – statute(s)
- Y. Vehicle and Traffic Law § 1192.
New York DUI Laws – standard
- “No person shall operate a motor vehicle while in an intoxicated condition.” N.Y. Vehicle and Traffic Law § 1192(3).
- “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.” N.Y. Vehicle and Traffic Law § 1192(4). DUI – applicable substances Drug, which “means and includes any substance listed in [New York’s schedule of controlled substances].” N.Y. Vehicle and Traffic Law § 114-a.
New York DUI Laws – affirmative defense
New York Per se – statute(s)
New York Per se – standard
- N/A
New York Per se – applicable substances
- N/A
New York Per se – affirmative defense
- N/A
New York Implied consent – applicable drivers
- Any person who operates a motor vehicle in New York. N.Y. Vehicle and Traffic Law § 1194(2).
New York Implied consent – tests authorized
- Chemical test of one or more of the following: breath, blood, urine, or saliva. N.Y. Vehicle and Traffic Law § 1194(2).
New York Implied consent – basis for test
- Test can be requested if driver is arrested and LEO has “reasonable grounds to believe” the person was operating a vehicle while intoxicated or impaired. N.Y. Vehicle and Traffic Law § 1194(2)(a)(1).
- Test can be requested if breath test is performed and it indicates that alcohol has been consumed. N.Y. Vehicle and Traffic Law § 1194(2)(a)(2).
- Upon a refusal, LEO may request court order for chemical test if the driver: (1) killed or seriously injured someone while operating the vehicle; (2) operated the vehicle while impaired or intoxicated; and (3) was arrested. N.Y. Vehicle and Traffic Law § 1194(3).
New York Implied consent – evidence of refusal
- Evidence of a test refusal is admissible in any trial, proceeding or hearing based upon the driving while intoxicated or impaired, but only upon a showing that the person was given sufficient warning. N.Y. Vehicle and Traffic Law § 1194(2)(f).
