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New York facts on driving while impaired

Under Section 1192 of the Consolidated Laws of New York, no person shall operate a motor vehicle while the person’s ability to do so is impaired by the use of a drug, as listed and defined elsewhere in the statute. Proof required: that the person was operating a motor vehicle in New York while using a drug, and that the drug impaired the person’s ability to operate the vehicle. No possible defenses are found. Refusal to submit to a drug test is admissible in civil and criminal cases.
Source: A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs, by the Walsh Group for the National Highway Traffic Safety

ONDCP Action on Drugged Driving
In 2007, the National Highway Traffic Safety Administration (NHTSA) found that one in eight weekend, nighttime drivers tested positive for illicit drugs. According to recent Fatal Accident Reporting System (FARS) data, one in three motor vehicle fatalities (33 percent) with known drug test results tested positive for drugs in 2009. Recognizing this growing problem, ONDCP is working to raise awareness of the dangers of drugged driving, provide increased training to law enforcement in identifying drugged drivers, and encourage states to consider Per Se laws to facilitate effective enforcement and prosecution of those who drive with drugs in their systems.

New York At-a-Glance:
In 2008, New York was one of the top ten states for drug-use rates in several categories: past-month marijuana use among young adults age 18-25; past-year cocaine use among persons age 12 and older; illicit drug dependence among persons age 12 and older; and illicit drug dependence among young adults age 18-25.
Heroin is the most commonly cited drug among primary drug treatment admissions in New York.

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