BILL NUMBER: S3127
SPONSOR: MANNION
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the navigation law, in
relation to implementing oral fluid tests
 
PURPOSE:
The purpose of this bill is to require the implementation and use of
cannabis field sobriety oral fluids tests.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill would amend subdivision 1 of section 1194 of the
Vehicle and Traffic Law by adding a new paragraph.
Section 2 of this bill would amend subparagraph 2 of paragraph (a) of
subdivision 2 of section 1194 of the Vehicle and Traffic Law.
Section 3 of this bill would amend subparagraph 1 of paragraph (b) of
subdivision 2 of section 1194 of the Vehicle and Traffic Law.
Section 4 of this bill would amend subparagraph 2 of paragraph (b) of
subdivision of section 1194 of the Vehicle and Traffic Law.
Section 5 of this bill would amend the Vehicle and Traffic Law by adding
a new section 1195-a.
Section 6 of this bill would amend subdivision 6 of section 49-a of the
Navigation Law by adding a new paragraph (c).
Section 7 of this bill would amend paragraphs (a) and (b) of subdivision
7 of section 49-a of the Navigation Law.
Section 8 of this bill would amend subparagraph 2 of paragraph (b) of
subdivision 8 of section 49-a of the Navigation Law.
Section 9 of this bill provides that the effective date This act shall
take effect on the ninetieth day after it shall have become a law;
provided, however, that section eight of this act shall take effect on
the same date and in the same manner as section 3 of chapter 688 of the
laws of 2022, takes effect.
 
JUSTIFICATION:
The rising number of roadway fatalities was described by U.S. Transpor-
tation Secretary Pete Buttigieg as a national crisis on March 2, 2022.
The National Highway Traffic Safety Administration (NHTSA) reported in
June of 2021 that nationally 56% of drivers involved in serious injury
and fatal crashes tested positive for at least one drug. In New York 40%
of fatal and injury crashes in 2020 were drug-related. With the legali-
zation of adult use cannabis and the continued problems associated with
"synthetic drugs", New York's laws regarding driving under the influence
of drugs need to be updated to ensure public safety on the roads. New
York is only one of a handful of states that requires a drug to be list-
ed in statute to trigger a drugged driving violation. The list does not
keep pace with the proliferation of rapidly changing synthetic drugs.
The result is impaired drivers are allowed to endanger themselves and
others with impunity.
This legislation also updates New York law regarding field testing for
drugged driving to include the use of oral/bodily fluids. This testing
screens for the recent use of multiple types of drugs. Scientifically
establishing recency will assist law enforcement to properly identify
actually impaired drivers. Oral fluid testing has been the subject of
dozens of studies and pilot programs over more than a decade. NHTSA
published an evaluation of On-Site Oral Fluid Drug Screening Technology
in April 2021 and identified methods that meet established accuracy and
sensitivity standards. Non-invasive oral fluid testing will reduce the
number of dangerously impaired drivers on New York's roadways. Vehicle
and Traffic Law section 1194(1)(b) requires drivers to submit to a field
test at the request of a police officer. Section 1800(a) makes it a
traffic infraction to violate any of the provisions of the Vehicle and
Traffic Law. Recent court decisions have invalidated charging a traffic
infraction for refusing to submit to a field test. There is no longer a
consequence for violating this mandatory public safety provision. This
bill provides that refusing to submit to a field test is a traffic
infraction.
Drug recognition evaluations were developed fifty years ago and vali-
dated in the 1980s. Certified Drug Recognition Experts (DREs) determine
whether a driver's impairment is due to drug use rather than neurologi-
cal conditions, illness, or disease. A DRE evaluation helps to insure
that drivers who are actually impaired by cannabis and drugs are charged
as New York State law requires. The mere presence of a drug in a driv-
er's system is not sufficient: A driver who refuses to submit to a drug
recognition evaluation, a chemical test (or a field test) hampers the
investigation that will either support an arrest or exonerate the driv-
er. This bill provides the same license revocation for refusing a DRE
exam that already exists for refusing a chemical test.
It is well-settled that states have a paramount interest in preserving
public highway safety. Administrative license sanctions encouraging
testing are commonplace and appropriate tools in New York's efforts to
prevent impaired driving and save lives. This legislation corrects
disparate court decisions that provide different standards for consent-
ing to a chemical test and refusing. The public safety policy of encour-
aging testing is not served by a time limit for refusals. A refusal at
any time after arrest will result in a license revocation and shall be
admissible in any trial, proceeding or hearing.
Additionally, the bill expands the circumstances where a court can order
a compulsory chemical test in a suspected drunk or drugged driving
crash. Currently, it can only be done in crashes where there is death or
serious physical injury. The new statute includes language from the
Leaving the Scene of an Incident statute and expands compulsory tests
supported by probable cause to any crash with personal injury and/or
where the driver has a history of convictions for impaired driving
offenses.
Finally, it updates the law regarding suspension of licenses pending
prosecution by adding drugged drivers with charges supported by testing
or admissions. The provision reflects the bill's updates to the defi-
nitions of driving while under the influence of drugs. This is done to
keep dangerous drivers off the road pending prosecution.
 
LEGISLATIVE HISTORY:
2021-22: S.9224 (Mannion) - Referred to Transportation.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

Statutes affected:
S3127: 1194 vehicle and traffic law, 1194(1) vehicle and traffic law, 49-a navigation law, 49-a(6) navigation law, 49-a(7) navigation law