§ 1195 — Chemical test evidence

New York § 1195

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 31: Alcohol and Drug-related Offenses and Procedures Applicable Thereto

Text

§ 1195. Chemical test evidence. 1. Admissibility. Upon the trial of\nany action or proceeding arising out of actions alleged to have been\ncommitted by any person arrested for a violation of any subdivision of\nsection eleven hundred ninety-two of this article, the court shall admit\nevidence of the amount of alcohol or drugs in the defendant's blood as\nshown by a test administered pursuant to the provisions of section\neleven hundred ninety-four of this article.\n 2. Probative value. The following effect shall be given to evidence of\nblood-alcohol content, as determined by such tests, of a person arrested\nfor violation of section eleven hundred ninety-two of this article:\n (a) Evidence that there was .05 of one per centum or less by weight of\nalcohol in such person's blood shall be prima facie evidence that the\nability of such person to operate a motor vehicle was not impaired by\nthe consumption of alcohol, and that such person was not in an\nintoxicated condition;\n (b) Evidence that there was more than .05 of one per centum but less\nthan .07 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be relevant evidence, but shall not\nbe given prima facie effect, in determining whether the ability of such\nperson to operate a motor vehicle was impaired by the consumption of\nalcohol; and\n (c) Evidence that there was .07 of one per centum or more but less\nthan .08 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be given prima facie effect in\ndetermining whether the ability of such person to operate a motor\nvehicle was impaired by the consumption of alcohol.\n 3. Suppression. A defendant who has been compelled to submit to a\nchemical test pursuant to the provisions of subdivision three of section\neleven hundred ninety-four of this article may move for the suppression\nof such evidence in accordance with article seven hundred ten of the\ncriminal procedure law on the grounds that the order was obtained and\nthe test administered in violation of the provisions of such subdivision\nor any other applicable law.\n