N.Y. Vehicle & Traffic Law § 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.