Senate BillIntroduced
S 5875: Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.
What S 5875 does, verified January 8, 2026
The bill aims to clarify the definitions of "impaired" and "intoxication" in the vehicle and traffic law. The definitions are intended to reflect the actual effects of consuming substances on a driver's physical and mental abilities. A driver is considered impaired when they have voluntarily consumed or ingested a substance to the extent that their abilities are affected. A driver is considered intoxicated when their abilities are severely impaired, to the point where they are incapable of operating a vehicle as a reasonable and prudent driver. A defense may be available for drivers who suffered an allergic reaction or medical emergency, but not if the substance is contained in a specific public health law. The bill takes effect on the first of November next following the date of its passage into law.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO TRANSPORTATION (2026-01-07)Alert me
Quick answers about S 5875
- What is the current status of S 5875?
- As of January 8, 2026, S 5875 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO TRANSPORTATION".
- Did S 5875 pass?
- Not yet. S 5875 has been introduced and has not passed either house.
- Who wrote S 5875, and where is it now?
- S 5875 was authored by Sen. Andrew Lanza. Its committee of record is Senate Transportation.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO TRANSPORTATION |
| Mar. 03, 2025 | REFERRED TO TRANSPORTATION |
Latest bill textIntroduced version, March 3, 2025 · 396 words
STATE OF NEW YORK ________________________________________________________________________ 5875 2025-2026 Regular Sessions IN SENATE March 3, 2025 ___________ Introduced by Sen. LANZA -- 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 the defi- nitions of the terms "impaired" and "intoxication" for the purposes of such law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 119-c to read as follows: 3 § 119-c. Impaired. Impairment is reached when a driver has voluntarily 4 consumed or ingested a substance or combination of substances to the 5 extent that the driver has impaired, to any extent, the physical and 6 mental abilities which a driver is expected to possess in order to oper- 7 ate a vehicle as a reasonable and prudent driver. 8 § 2. The vehicle and traffic law is amended by adding a new section 9 120-a to read as follows: 10 § 120-a. Intoxication. Intoxication is a greater degree of impairment 11 which is reached when a driver has voluntarily consumed or ingested a 12 substance or combination of substances to the extent that the driver is 13 incapable of employing the physical and mental abilities which a driver 14 is expected to possess in order to operate a vehicle as a reasonable and 15 prudent driver. 16 § 3. Section 1192 of the vehicle and traffic law is amended by adding 17 a new subdivision 13 to read as follows: 18 13. It shall be an affirmative defense to a charge under any subdivi- 19 sion of this section that the operator suffered an allergic reaction or 20 medical emergency rather than being impaired by the substance or combi- 21 nation of substances. Provided, however, that no defense shall be 22 available if any such consumed or ingested substance is contained in 23 section thirty-three hundred six of the public health law. 24 § 4. This act shall take effect on the first of November next succeed- 25 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10337-01-5
Text of S 5875 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions