New York statute
N.Y. Vehicle & Traffic Law § 1195 — Chemical test evidence
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 31: Alcohol and Drug-related Offenses and Procedures Applicable Thereto, New York Vehicle & Traffic Law.
Full text of N.Y. Vehicle & Traffic Law § 1195
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
1195. Chemical test evidence. 1. Admissibility. Upon the trial of
any action or proceeding arising out of actions alleged to have been
committed by any person arrested for a violation of any subdivision of
section eleven hundred ninety-two of this article, the court shall admit
evidence of the amount of alcohol or drugs in the defendant's blood as
shown by a test administered pursuant to the provisions of section
eleven hundred ninety-four of this article.
2. Probative value. The following effect shall be given to evidence of
blood-alcohol content, as determined by such tests, of a person arrested
for violation of section eleven hundred ninety-two of this article:
(a) Evidence that there was .05 of one per centum or less by weight of
alcohol in such person's blood shall be prima facie evidence that the
ability of such person to operate a motor vehicle was not impaired by
the consumption of alcohol, and that such person was not in an
intoxicated condition;
(b) Evidence that there was more than .05 of one per centum but less
than .07 of one per centum by weight of alcohol in such person's blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be relevant evidence, but shall not
be given prima facie effect, in determining whether the ability of such
person to operate a motor vehicle was impaired by the consumption of
alcohol; and
(c) Evidence that there was .07 of one per centum or more but less
than .08 of one per centum by weight of alcohol in such person's blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be given prima facie effect in
determining whether the ability of such person to operate a motor
vehicle was impaired by the consumption of alcohol.
3. Suppression. A defendant who has been compelled to submit to a
chemical test pursuant to the provisions of subdivision three of section
eleven hundred ninety-four of this article may move for the suppression
of such evidence in accordance with article seven hundred ten of the
criminal procedure law on the grounds that the order was obtained and
the test administered in violation of the provisions of such subdivision
or any other applicable law.
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