BILL NUMBER: S6485CREVISED 12/9/25
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to procedures
relating to driving while ability impaired by drugs; and providing for
the repeal of such provisions upon expiration thereof
 
PURPOSE OF THE BILL:
To update and modernize New York's laws regarding driving while impaired
by drugs.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new definition of "impairment".
Section 2: Adds a new definition of "intoxication".
Section 3: Amends Section 1194 of the Vehicle and Traffic Law to update
the procedures for field testing of drivers suspected of being under the
influence of drugs to include the use of oral/bodily fluid tests.
Refusal to submit to such field tests is specified to be a traffic
infraction.
Section 4: Subparagraph (7) of paragraph (e) or subdivision (2) of
section 1193 of the Vehicle and Traffic Law are amended to update the
law regarding suspension of licenses pending prosecution to reflect
updates to the definition of driving while under the influence of drugs
and provide for such suspensions for alleged drugged drivers under
designated circumstances.
Section 5: Section 1192 of the Vehicle and Traffic Law is amended by
adding new subdivisions 13 and 14. New subdivision 13 provides for an
affirmative defense to driving under the influence of drugs if the
person was having an allergic reaction or medical emergency. Subdivi-
sion 14 requires the Commissioner of the Department of Motor Vehicles
and the Commissioner of the Division of Criminal. Justice Services to
collect data on the number of stops, arrests and convictions made under
this bill while providing demographic data and providing that report to
the Governor, Assembly and Senate.
Section 6: Establishes an effective date.
 
JUSTIFICATION:
Nationally, roadway fatalities have increased by more than 10,000 since
2006 and have been described by U.S. Transportation Secretary Pete
Buttigieg as a national crisis. In 2022 there were 42,514 fatalities
nationally, which represents a slight decrease from 2021 (4 2,939) of
1.7%. But in the same time frame, New York's fatalities increased 1.6%
from 1,156 to 1,175, which is the latest number in a steadily climbing
roadway fatality rate: 2020 (1,045), 2021 (1156) and 2022 (1175). These
numbers represent a 24% increase in New York's fatalities in the 5 years
ending in 2022. At the same time, drug-related fatalities exceeded those
that were alcohol-related in both 2020 and 2022 according to the Insti-
tute for Traffic Safety Management and Research (ITSMR). The clear indi-
cation is that drugged driving has become an increasing threat and is
adding to the number of lives lost.
The National Highway Traffic Safety Administration (NHTSA) reported in
June of 2021 that 56% of drivers involved in serious injury and fatal
crashes tested positive for at least one drug. However, the Institute
for Traffic Safety Management and Research (ITSMR) reports that in New
York, there has been an 87% increase between 2013 and 2022 of the number
of drivers involved in fatal crashes who tested positive for at least
one drug on the Public Health Law (PHL) § 3306 list. Drug- related driv-
ing crashes have increased 33% in the 5 years between 2018 and 2022.
These numbers undercount the drugged driving threat, however, because
they do not include drugs that are not on the PHL list or drugs that
were not tested for.
New York's current drugged driving statute requires law enforcement to
name the drug impairing the driver and for the drug to be on the PHL §
3306 list, thereby excluding constantly changing synthetic drugs and
even impairing household products. Regardless of how impaired, a driver
using an unlisted substance cannot be prosecuted for drugged driving in
New York under the Court of Appeals case of People v. Litto (8 N.Y.3d
692, 2007). The court referred to unlisted substances as a "legislative
gap". New York is one of only 4 states that requires a drug to be listed
in statute to trigger a drugged driving violation. In January of 2023,
the National Transportation Safety Board (NTSB) sent a letter to the
Governor recommending a legislative correction to remove the list
requirement. This bill seeks to follow the NTSB safety recommendation,
make legislative corrections and bring New York in line with the other
46 states by providing definitions of the terms "impaired" and "intoxi-
cated" and including impairing substances that are not on the PHL § 3306
list.
This bill codifies the definitions enunciated more than 40 years ago by
the Court of Appeals in People v. Cruz, 48 N.Y.2nd 419 (1979) and People
v. Ardila, 85 N.Y.2nd 846 (1995) and extends intoxication to any
substance or combination of substances that are either not included in
the definition of a drug in VTL § 114-a or are unable to be identified.
The basis of the charge of Driving in an Intoxicated Condition under VTL
§ 1192.3 will be the condition of the driver and will no longer be
limited to alcohol. This language would combat the growing number of
constantly changing synthetic drugs and the dangerous use of uncon-
trolled substances by drivers.
This legislation will also re-establish "impaired" and "intoxicated" as
separate standards and resolve the confusion raised by contradictory
Appellate Court holdings in People v. Caden N., 189 A.D.3rd 84 (3rd
Dept.2020) and People v. Dondorfer, 235 A.D.3d 71 (4th Dept. 2024).
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
actual 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.
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.
Finally, it updates the law regarding suspension of licenses pending
prosecution by adding drugged drivers with charges supported by testing,
drug recognition evaluations or admissions. The provision reflects the
bill's updates to the definitions of driving while under the influence
of drugs. This is done to keep dangerous drivers off the road pending
prosecution.
Through this process, dangerously impaired drivers would have their
licenses suspended or revoked, be provided treatment intervention,
attend the educational Impaired Driving Program and receive behavior
modification. The goal of this legislation is to save lives by inter-
cepting drugged drivers before they crash and kill.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.3135, 2025: S.6485, S.6485a  
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DAVE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law and be deemed repealed five
years after such effective date.

Statutes affected:
S6485: 114-a vehicle and traffic law
S6485A: 114-a vehicle and traffic law, 1192 vehicle and traffic law
S6485B: 1192 vehicle and traffic law
S6485C: 1192 vehicle and traffic law