New York S 5856: Allows application to a court to compel compliance with a chemical test where a motorist is suspected to be under the influence and where the driver has refused a chemical test

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S05856 Summary:

BILL NOS05856 

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SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSR

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MLTSPNSR

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Amd §1194, V & T L

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Allows application to a court to compel compliance with a chemical test where a motorist is suspected to be under the influence and where the driver has refused a chemical test.

Go to top S05856 Actions:

BILL NOS05856 

&nbsp

03/03/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS05856 Committee&nbspVotes:

Go to topS05856 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05856 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5856

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation

 AN ACT to amend the vehicle and traffic law, in relation to compulsory
 chemical tests

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (b) of subdivision 3 of section 1194 of the
 2 vehicle and traffic law, as added by chapter 47 of the laws of 1988, is
 3 amended to read as follows:
 4 (b) When authorized. Upon refusal by any person to submit to a chemi-
 5 cal test or any portion thereof as described above, the test shall not
 6 be given unless a police officer or a district attorney, as defined in
 7 subdivision thirty-two of section 1.20 of the criminal procedure law,
 8 requests and obtains a court order to compel a person to submit to a
 9 chemical test to determine the alcoholic or drug content of the person's
 10 blood upon a finding of reasonable cause to believe that:
 11 (1) [such person was the operator of a motor vehicle and in the course
 12 of such operation a person other than the operator was killed or
 13 suffered serious physical injury as defined in section 10.00 of the
 14 penal law; and
 15 (2)] a. either such person operated the vehicle in violation of any
 16 subdivision of section eleven hundred ninety-two of this article, or
 17 b. a breath test administered by a police officer in accordance with
 18 paragraph (b) of subdivision one of this section indicates that alcohol
 19 has been consumed by such person; and
 20 [(3)] (2) such person has been placed under lawful arrest; and
 21 [(4)] (3) such person has refused to submit to a chemical test or any
 22 portion thereof, requested in accordance with the provisions of para-
 23 graph (a) of subdivision two of this section or is unable to give
 24 consent to such a test.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07777-01-5

 S. 5856 2

 1 § 2. Subparagraphs 1 and 2 of paragraph (b) of subdivision 2 of
 2 section 1194 of the vehicle and traffic law, subparagraph 1 as amended
 3 by chapter 489 of the laws of 2017, clause (A) of subparagraph 1 and
 4 subparagraph 2 as amended by chapter 27 of the laws of 2018, are amended
 5 to read as follows:
 6 (1) If: (A) such person having been placed under arrest; or (B) after
 7 a breath test indicates the presence of alcohol in the person's system;
 8 or (C) with regard to a person under the age of twenty-one, there are
 9 reasonable grounds to believe that such person has been operating a
 10 motor vehicle after having consumed alcohol in violation of section
 11 eleven hundred ninety-two-a of this article; and having thereafter been
 12 requested to submit to such chemical test and having been informed that
 13 the person's license or permit to drive and any non-resident operating
 14 privilege shall be immediately suspended and subsequently revoked, or,
 15 for operators under the age of twenty-one for whom there are reasonable
 16 grounds to believe that such operator has been operating a motor vehicle
 17 after having consumed alcohol in violation of section eleven hundred
 18 ninety-two-a of this article, shall be revoked for refusal to submit to
 19 such chemical test or any portion thereof, whether or not the person is
 20 found guilty of the charge for which such person is arrested or
 21 detained, refuses to submit to such chemical test or any portion there-
 22 of, [unless a court order has