NY: State Senate bill would make blood-alcohol tests mandatory
WHEC
May 26, 2016
A bill passed by the state Senate on Thursday would require a blood-alcohol test to be administered if police suspect alcohol was involved in a serious crash.
Under current laws, drivers have the option to refuse a test — at the cost of losing their licenses for a period time. But the bill, sponsored by Senator Michael Venditto, would require the tests if “it’s reasonably believed that the driver was under the influence of alcohol when involved in a collision that results in death or serious injury.”
According to the senator, if a driver does refuse a test under the legislation, or is unable to consent, a police officer or district attorney is allowed to get a court order if they have reasonable cause the driver was drunk.
Senator Venditto said in a release, “Driving a car while under the influence of alcohol or drugs is one of the leading causes of fatal accidents in our state. Unfortunately, all too often, drivers involved in accidents where people are either killed or seriously injured are not tested to determine whether they were driving under the influence. This bill, unanimously passed by the Senate, addresses a key component in the fight against intoxicated driving. By requiring officers to obtain a court order for BAC testing when there is reasonable cause to believe that an inebriated driver caused a deadly collision, we are giving law enforcement an important tool to combat this public crisis.”
The legislation reads, “All too often, intoxicated drivers who are involved in motor vehicle crashes escape prosecution. In August of 2004, the National Highway Traffic Safety Administration’s Final Report on State Laws and Practices for BAC Testing and Reporting Drivers Involved in Fatal Crashes, found that New York State reported testing only 3.9% of surviving drivers who were involved in fatal crashes for their BAC. Only two states reported testing a smaller percentage of surviving drivers involved in fatal crashes.”
The bill will now be sent to the Assembly for approval.