Second offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.18
Fifteen years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
No Habitual Offender Law
351-500 DREs
11-15 DUI Courts
51+ Hybrid Courts
No cannabis open container law
Decriminalized
Blood, urine, and saliva
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
Introduced lower BAC bill
Low BAC considered prima facie evidence
active
Mandatory all offender
Legislation
Cannabis
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Lacks authorization
Oral fluid testing authorized
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.
Yes
Yes
Yes
Yes
Breath
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.
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.
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.
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.
Yes
No
No
No*
*Only for VTL 1192(2-a)(b), driving with child in car. Otherwise ALR is limited to alcohol offenses.
No
No Data Available
No
No Data Available
No Data Available
DWI for alcohol. DWAI-drugs for all other drugs. Combined influence for multiple drugs.
Yes
No Data Available
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.
No - interlock required for alcohol offenses.
Yes
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.
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.
PBH § 3306 - Learn More
Tetrahydrocannabinols are referenced here. Cannabis and cannabis concentrate are not on 3306 but are listed separately in the statute.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
21 and above
Illegal
Illegal
illegal
Illegal
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.
No Data Available
New York Dept of Health – Yes, the regulations are complex but there are provisions for treatment.
No Data Available
No Data Available
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.
No Data Available