Bill > S05875

This bill clarifies and defines two key terms in New York's vehicle and traffic law: "impaired" and "intoxication". For impairment, the bill establishes that a driver is considered impaired when they have voluntarily consumed a substance that diminishes their physical and mental abilities to operate a vehicle safely, even to a minimal extent. Intoxication is defined as a more severe level of impairment where the driver is completely incapable of operating a vehicle as a reasonable and prudent person would. The bill also adds an important legal defense provision, allowing individuals to argue that their compromised driving was due to an allergic reaction or medical emergency, with an exception for substances listed in a specific public health law section. This nuanced approach provides clearer legal standards for determining driver impairment and creates a graduated understanding of how substance consumption can affect one's ability to drive safely. The bill will take effect on the first of November following its passage into law, giving law enforcement and judicial systems time to prepare for the new definitions.

Transportation and Infrastructure

https://www.nysenate.gov/legislation/bills/2025/S5875