2020 New York Laws
VAT - Vehicle and Traffic
Title 7 - Rules of the Road
Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto
1195 - Chemical Test Evidence.

§ 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.