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New York

Felony DUI

Second offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.18

DUI Look-back Periods

Fifteen years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

251-350 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

51+ Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood, urine, and saliva

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

Introduced lower BAC bill

Low BAC

Low BAC considered prima facie evidence

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

1194(2)(a)(1-3) - Learn More
Chemical tests. (a) When authorized. Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood provided that such test is administered by or at the direction of a police officer with respect to a chemical test of breath, urine or saliva or, with respect to a chemical test of blood, at the direction of a police officer:
(1) having reasonable grounds to believe such person to have been operating in violation of any subdivision of section eleven hundred ninety-two of this article and within two hours after such person has been placed under arrest for any such violation; or having reasonable grounds to believe such person to have been operating in violation of section eleven hundred ninety-two-a of this article and within two hours after the stop of such person for any such violation,
(2) within two hours after a breath test, as provided in paragraph (b) of subdivision one of this section, indicates that alcohol has been consumed by such person and in accordance with the rules and regulations established by the police force of which the officer is a member;
(3) for the purposes of this paragraph, “reasonable grounds” to believe that a person has been operating a motor vehicle after having consumed alcohol in violation of section eleven hundred ninety-two-a of this article shall be determined by viewing the totality of circumstances surrounding the incident which, when taken together, indicate that the operator was driving in violation of such subdivision. Such circumstances may include any visible or behavioral indication of alcohol consumption by the operator, the existence of an open container containing or having contained an alcoholic beverage in or around the vehicle driven by the operator, or any other evidence surrounding the circumstances of the incident which indicates that the operator has been operating a motor vehicle after having consumed alcohol at the time of the incident.

Blood

Yes

Urine

Yes

Oral Fluids

Yes

Other

Yes
Breath

DUI Statutes

Drugs

1192(4)(a) - Learn More
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.

Combined/Multiple Substance

1192(4)(a) - Learn More Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

1194(2)(d)(1),(2) - Learn More
Driving privileges will be revoked for least one year and will not be restored except by the discretion of the commissioner. In any case where the person has had a prior revocation resulting from refusal to submit to a chemical test no such license shall be restored for at least eighteen months after such revocation nor thereafter except in the discretion of the commissioner.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
Shall be admissible in any trial, proceeding or hearing based upon a violation of the DUI statute, with a showing that the individual was given sufficient warning, in clear and unequivocal language, of the effect of such refusal and that the person persisted in the refusal.

Criminal Trial

Yes

ALR Laws

Cannabis

No

Length/Time of Restriction


Hardship License Available

No

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No*
*Only for VTL 1192(2-a)(b), driving with child in car. Otherwise ALR is limited to alcohol offenses.

Other Drugs

No

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

DWI for alcohol. DWAI-drugs for all other drugs. Combined influence for multiple drugs.

Provisions for Screening Cannabis/Assessment/Education/Treatment

Yes

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

1193(1) - Learn More
First offense misdemeanor: Fine of not less than $500 nor more than $1,000, or by imprisonment for not more than one year or by both such fine and imprisonment. Six months license revocation.
Second offense within 10 years Class E felony: Fine of not less than $1,000, but not more than $5,000. Imprisonment for a minimum of 5 days, but not to exceed 4 years. One year license revocation. May be required to attend Impaired Driver program or victim impact panel.
Third and subsequent offense within 10 years Class D felony: Fine of not less than $2,000 nor more than $10,000. Imprisonment for a minimum of 10 days up to 7 years. Or by both fine and imprisonment. Minimum license revocation for one year.

Are the Impaired Driving Penalties the Same for Alcohol?

No - interlock required for alcohol offenses.

Are Combined Substances Mentioned in DUI Statute?

Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense misdemeanor: Fine of not less than $500 nor more than $1,000, or by imprisonment for not more than one year or by both such fine and imprisonment. Six months license revocation.
Second offense within 10 years Class E felony: Fine of not less than $1,000, but not more than $5,000. Imprisonment for a minimum of 5 days, but not to exceed 4 years. One year license revocation. May be required to attend Impaired Driver program or victim impact panel.
Third and subsequent offense within 10 years Class D felony: Fine of not less than $2,000 nor more than $10,000. Imprisonment for a minimum of 10 days up to 7 years. Or by both fine and imprisonment. Minimum license revocation for one year.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

1192(2-a)(b) -Learn More
AGGRAVATED DWI: No person shall operate a motor vehicle in violation
of subdivision two, three, four or four-a of this section while a child
who is 15 years of age or less is a passenger in such motor
vehicle.

Statutes with THC Listed as Delta 8, 9, 10, or 11

PBH § 3306 - Learn More
Tetrahydrocannabinols are referenced here. Cannabis and cannabis concentrate are not on 3306 but are listed separately in the statute.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21 and above

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. If the applicant for a registry identification card is under the age of eighteen (18) or a person who is otherwise incapable of consenting to medical treatment, the application must be submitted by shall be made by the person responsible for making health care decisions for the patient. This person must be over twenty-one (21) years of age.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

New York Dept of Health – Yes, the regulations are complex but there are provisions for treatment.

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Penal Law § 222.50 Criminal sale of cannabis in the third degree. - Sale to person under 21 by person 21+, Class A misdemeanor
It is a defense that the defendant was less than three years older than the person under the age of twenty-one at the time of the offense.

Other

No Data Available