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Alcohol And Drug-related Offenses And Procedures Applicable Thereto > Sanctions.
§ 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability
impaired. A violation of subdivision one of section eleven hundred
ninety-two of this article shall be a traffic infraction and shall be
punishable by a fine of not less than three hundred dollars nor more
than five hundred dollars or by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and
imprisonment. A person who operates a vehicle in violation of such
subdivision after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article within
the preceding five years shall be punished by a fine of not less than
five hundred dollars nor more than seven hundred fifty dollars, or by
imprisonment of not more than thirty days in a penitentiary or county
jail or by both such fine and imprisonment. A person who operates a
vehicle in violation of such subdivision after having been convicted two
or more times of a violation of any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years shall
be guilty of a misdemeanor, and shall be punished by a fine of not less
than seven hundred fifty dollars nor more than fifteen hundred dollars,
or by imprisonment of not more than one hundred eighty days in a
penitentiary or county jail or by both such fine and imprisonment.
(b) Driving while intoxicated or while ability impaired by drugs;
misdemeanor offenses. A violation of subdivision two, three or four of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or county jail for not more than one year, or by both such fine and
imprisonment.
(c) Felony offenses. (i) A person who operates a vehicle in violation
of subdivision two, three or four of section eleven hundred ninety-two
of this article after having been convicted of a violation of
subdivision two, three or four of such section or of vehicular assault
in the second or first degree, as defined, respectively, in sections
120.03 and 120.04 of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 of such law, within the preceding ten years, shall be guilty of a
class E felony, and shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
three or four of section eleven hundred ninety-two of this article after
having been convicted of a violation of subdivision two, three or four
of such section or of vehicular assault in the second or first degree,
as defined, respectively, in sections 120.03 and 120.04 of the penal law
or of vehicular manslaughter in the second or first degree, as defined,
respectively, in sections 125.12 and 125.13 of such law, twice within
the preceding ten years, shall be guilty of a class D felony, and shall
be punished by a fine of not less than two thousand dollars nor more
than ten thousand dollars or by a period of imprisonment as provided in
the penal law, or by both such fine and imprisonment.
(d) Alcohol or drug related offenses; special vehicles. (1) Except as
provided in subparagraph four of this paragraph, a violation of
subdivision one, two, three or four of section eleven hundred ninety-two
of this article wherein the violator is operating a taxicab as defined
in section one hundred forty-eight-a of this chapter, or livery as
defined in section one hundred twenty-one-e of this chapter, and such
taxicab or livery is carrying a passenger for compensation, or a truck
with a GVWR of more than eighteen thousand pounds but not more than
twenty-six thousand pounds and which is not a commercial motor vehicle
shall be a misdemeanor punishable by a fine of not less than five
hundred dollars nor more than fifteen hundred dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(1-a) A violation of subdivision one of section eleven hundred
ninety-two of this article wherein the violator is operating a school
bus as defined in section one hundred forty-two of this chapter and such
school bus is carrying at least one student passenger shall be a
misdemeanor punishable by a fine of not less than five hundred dollars
nor more than fifteen hundred dollars or by a period of imprisonment as
provided in the penal law, or by both such fine and imprisonment.
(2) A violation of subdivision five of section eleven hundred
ninety-two of this article shall be a traffic infraction punishable as
provided in paragraph (a) of this subdivision. Except as provided in
subparagraph three or five of this paragraph, a violation of subdivision
one, two, three, four or six of section eleven hundred ninety-two of
this article wherein the violator is operating a commercial motor
vehicle, or any motor vehicle registered or registrable under schedule F
of subdivision seven of section four hundred one of this chapter shall
be a misdemeanor. A violation of subdivision one, two, three or four of
section eleven hundred ninety-two of this article shall be punishable by
a fine of not less than five hundred dollars nor more than fifteen
hundred dollars or by a period of imprisonment as provided in the penal
law, or by both such fine and imprisonment. A violation of subdivision
six of section eleven hundred ninety-two of this article shall be
punishable by a fine of not less than five hundred dollars nor more than
fifteen hundred dollars or by a period of imprisonment not to exceed one
hundred eighty days, or by both such fine and imprisonment. A person who
operates any such vehicle in violation of such subdivision six after
having been convicted of a violation of subdivision one, two, three,
four or six of section eleven hundred ninety-two of this article within
the preceding five years shall be punishable by a fine of not less than
five hundred dollars nor more than fifteen hundred dollars or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(3) A violation of subdivision one of section eleven hundred
ninety-two of this article wherein the violator is operating a motor
vehicle with a gross vehicle weight rating of more than eighteen
thousand pounds which contains flammable gas, radioactive materials or
explosives shall be a misdemeanor punishable by a fine of not less than
five hundred dollars nor more than fifteen hundred dollars or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(4) (i) A person who operates a vehicle in violation of subdivision
one, two, three or four of section eleven hundred ninety-two of this
article and which is punishable as provided in subparagraph one, one-a,
two or three of this paragraph after having been convicted of a
violation of any such subdivision of section eleven hundred ninety-two
of this article and penalized under subparagraph one, one-a, two or
three of this paragraph within the preceding ten years, shall be guilty
of a class E felony, which shall be punishable by a fine of not less
than one thousand dollars nor more than five thousand dollars, or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment. A person who operates a vehicle in violation of
subdivision six of section eleven hundred ninety-two of this article
after having been convicted of two or more violations of subdivisions
one, two, three, four or six of section eleven hundred ninety-two of
this article within the preceding five years, any one of which was a
misdemeanor, shall be guilty of a class E felony, which shall be
punishable by a fine of not less than one thousand dollars nor more than
five thousand dollars, or by a period of imprisonment as provided in the
penal law, or by both such fine and imprisonment. In addition, any
person sentenced pursuant to this subparagraph shall be subject to the
disqualification provided in subparagraph three of paragraph (e) of
subdivision two of this section.
(ii) A person who operates a vehicle in violation of subdivision one,
two, three or four of section eleven hundred ninety-two of this article
and which is punishable as provided in subparagraph one, one-a, two or
three of this paragraph after having been convicted of a violation of
any such subdivision of section eleven hundred ninety-two of this
article and penalized under subparagraph one, one-a, two or three of
this paragraph twice within the preceding ten years, shall be guilty of
a class D felony, which shall be punishable by a fine of not less than
two thousand dollars nor more than ten thousand dollars, or by a period
of imprisonment as provided in the penal law, or by both such fine and
imprisonment. A person who operates a vehicle in violation of
subdivision six of section eleven hundred ninety-two of this article
after having been convicted of three or more violations of subdivisions
one, two, three, four or six of section eleven hundred ninety-two of
this article within the preceding five years, any one of which was a
misdemeanor, shall be guilty of a class D felony, which shall be
punishable by a fine of not less than two thousand dollars nor more than
ten thousand dollars, or by a period of imprisonment as provided in the
penal law, or by both such fine and imprisonment. In addition, any
person sentenced pursuant to this subparagraph shall be subject to the
disqualification provided in subparagraph three of paragraph (e) of
subdivision two of this section.
(4-a) A violation of subdivision two, three or four of section eleven
hundred ninety-two of this article wherein the violator is operating a
school bus as defined in section one hundred forty-two of this chapter
and such school bus is carrying at least one student passenger shall be
a class E felony punishable by a fine of not less than one thousand
dollars nor more than five thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(5) A violation of subdivision two, three or four of section eleven
hundred ninety-two of this article wherein the violator is operating a
motor vehicle with a gross vehicle weight rating of more than eighteen
thousand pounds which contains flammable gas, radioactive materials or
explosives, shall be a class E felony punishable by a fine of not less
than one thousand dollars and such other penalties as provided for in
the penal law; provided, however, that a conviction for such violation
shall not be considered a predicate felony pursuant to section 70.06 of
such law, or a previous felony conviction pursuant to section 70.10 of
such law.
(6) The sentences required to be imposed by subparagraph one, one-a,
two, three, four, four-a or five o paragraph shall be imposed
notwithstanding any contrary provision of this chapter or the penal law.
(7) Nothing contained in this paragraph shall prohibit the imposition
of a charge of any other felony set forth in this or any other provision
of law for any acts arising out of the same incident.
(e) Certain sentences prohibited. Notwithstanding any provisions of
the penal law, no judge or magistrate shall impose a sentence of
unconditional discharge for a violation of any subdivision of section
eleven hundred ninety-two of this article nor shall a judge or
magistrate impose a sentence of conditional discharge or probation
unless such conditional discharge or probation is accompanied by a
sentence of a fine as provided in this subdivision.
(f) Where the court imposes a sentence for a violation of section
eleven hundred ninety-two of this article, the court may require the
defendant, as a part of or as a condition of such sentence, to attend a
single session conducted by a victims impact program. For purposes of
this section, "victims impact program" means a program operated by a
county, a city with a population of one million or more, by a
not-for-profit organization authorized by any such county or city, or a
combination thereof, in which presentations are made concerning the
impact of operating a motor vehicle while under the influence of alcohol
or drugs to one or more persons who have been convicted of such
offenses. A description of any such program shall be filed with the
commissioner and with the coordinator of the special traffic options
program for driving while intoxicated established pursuant to section
eleven hundred ninety-seven of this article, and shall be made available
to the court upon request. Nothing contained herein shall be construed
to require any governmental entity to create such a victim impact
program.
1-a. Additional penalties. (a) Except as provided for in paragraph (b)
of this subdivision, a person who operates a vehicle in violation of
subdivision two or three of section eleven hundred ninety-two of this
article after having been convicted of a violation of subdivision two or
three of such section within the preceding five years shall, in addition
to any other penalties which may be imposed pursuant to subdivision one
of this section, be sentenced to a term of imprisonment of five days or,
as an alternative to such imprisonment, be required to perform thirty
days of service for a public or not-for-profit corporation, association,
institution or agency as set forth in paragraph (h) of subdivision two
of section 65.10 of the penal law as a condition of sentencing for such
violation. Notwithstanding the provisions of this paragraph, a sentence
of a term of imprisonment of five days or more pursuant to the
provisions of subdivision one of this section shall be deemed to be in
compliance with this subdivision.
(b) A person who operates a vehicle in violation of subdivision two or
three of section eleven hundred ninety-two of this article after having
been convicted on two or more occasions of a violation of any of such
subdivisions within the preceding five years shall, in addition to any
other penalties which may be imposed pursuant to subdivision one of this
section, be sentenced to a term of imprisonment of ten days or, as an
alternative to such imprisonment, be required to perform sixty days of
service for a public or not-for-profit corporation, association,
institution or agency as set forth in paragraph (h) of subdivision two
of section 65.10 of the penal law as a condition of sentencing for such
violation. Notwithstanding the provisions of this paragraph, a sentence
of a term of imprisonment of ten days or more pursuant to the provisions
of subdivision one of this section shall be deemed to be in compliance
with this subdivision.
(c) A court sentencing a person pursuant to paragraph (a) or (b) of
this subdivision shall: (i) order the installation of an ignition
interlock device approved pursuant to section eleven hundred
ninety-eight of this article on each motor vehicle owned by the person
so sentenced. Such devices shall remain installed during any period of
license revocation required to be imposed pursuant to paragraph (b) of
subdivision two of this section, and, upon the termination of such
revocation period, for an additional period as determined by the court;
and (ii) order that such person receive an assessment of the degree of
their alcohol abuse. Where such assessment indicates the need for
treatment, such court is authorized to impose treatment as a condition
of such sentence.
2. License sanctions. (a) Suspensions. Except as otherwise provided in
this subdivision, a license shall be suspended and a registration may be
suspended for the following periods:
(1) Driving while ability impaired. Ninety days, where the holder is
convicted of a violation of subdivision one of section eleven hundred
ninety-two of this article;
(2) Persons under the age of twenty-one; driving after having consumed
alcohol. Six months, where the holder has been found to have operated a
motor vehicle after having consumed alcohol in violation of section
eleven hundred ninety-two-a of this article where such person was under
the age of twenty-one at the time of commission of such violation.
(b) Revocations. A license shall be revoked and a registration may be
revoked for the following minimum periods:
(1) Driving while ability impaired; prior offense. Six months, where
the holder is convicted of a violation of subdivision one of section
eleven hundred ninety-two of this article committed within five years of
a conviction for a violation of any subdivision of section eleven
hundred ninety-two of this article.
(1-a) Driving while ability impaired; misdemeanor offense. Six months,
where the holder is convicted of a violation of subdivision one of
section eleven hundred ninety-two of this article committed within ten
years of two previous convictions for a violation of any subdivision of
section eleven hundred ninety-two of this article.
(2) Driving while intoxicated or while ability impaired by drugs. Six
months, where the holder is convicted of a violation of subdivision two,
three or four of section eleven hundred ninety-two of this article.
(3) Driving while intoxicated or while ability impaired by drugs;
prior offense. One year, where the holder is convicted of a violation of
subdivision two, three or four of section eleven hundred ninety-two of
this article committed within ten years of a conviction for a violation
of subdivision two, three or four of section eleven hundred ninety-two
of this article.
(4) Special vehicles other than school buses. One year, where the
holder is convicted of a violation of any subdivision of section eleven
hundred ninety-two of this article and is sentenced pursuant to
subparagraph one of paragraph (d) of subdivision one of this section.
(4-a) School buses. (A) One year, where the holder is convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article, such violation was committed while the holder was driving
a school bus, and the holder is sentenced pursuant to subparagraph one,
one-a or four-a of paragraph (d) of subdivision one of this section.
(B) Three years where the holder is convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article, such
violation was committed while the holder was driving a school bus, and
the holder is sentenced pursuant to subparagraph four of paragraph (d)
of subdivision one of this section.
(C) Notwithstanding the provisions of the opening paragraph of this
paragraph (b), the commissioner shall not revoke the registration of a
school bus driven in violation of section eleven hundred ninety-two of
this article.
(5) Holder of a commercial driver's license. (i) Except as otherwise
provided in this subparagraph, one year where the holder of a commercial
driver's license is convicted of a violation of any subdivision of
section eleven hundred ninety-two of this article or if such holder is
convicted of an offense consisting of operating a motor vehicle under
the influence of alcohol or drugs where such conviction was had outside
of this state.
(ii) Three years, where the holder is convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article, such
violation was committed while the holder was operating a commercial
motor vehicle transporting hazardous materials or if such holder is
convicted of an offense consisting of operating a motor vehicle under
the influence of alcohol or drugs where such conviction was had outside
of this state.
(6) Persons under the age of twenty-one. One year, where the holder is
convicted of or adjudicated a youthful offender for a violation of any
subdivision of section eleven hundred ninety-two of this article, or is
convicted of or receives a youthful offender or other juvenile
adjudication for an offense consisting of operating a motor vehicle
under the influence of intoxicating liquor where the conviction, or
youthful offender or other juvenile adjudication was had outside this
state, where such person was under the age of twenty-one at the time of
commission of such violation.
(7) Persons under the age of twenty-one; prior offense or finding. One
year or until the holder reaches the age of twenty-one, whichever is the
greater period of time, where the holder has been found to have operated
a motor vehicle after having consumed alcohol in violation of section
eleven hundred ninety-two-a of this article, or is convicted of, or
adjudicated a youthful offender for, a violation of any subdivision of
section eleven hundred ninety-two of this article, or is convicted of or
receives a youthful offender or juvenile adjudication for an offense
consisting of operating a motor vehicle under the influence of
intoxicating liquor where the conviction, or youthful offender or other
juvenile adjudication was had outside this state, where such person was
under the age of twenty-one at the time of commission of such violation
and has previously been found to have operated a motor vehicle after
having consumed alcohol in violation of section eleven hundred
ninety-two-a of this article, or has previously been convicted of, or
adjudicated a youthful offender for, any violation of section eleven
hundred ninety-two of this article not arising out of the same incident,
or has previously been convicted of or received a youthful offender or
juvenile adjudication for an offense consisting of operating a motor
vehicle under the influence of intoxicating liquor when the conviction,
or youthful offender or other juvenile adjudication was had outside this
state and not arising out of the same.
* (8) Out-of-state offenses. Except as provided in subparagraph six or
seven of this paragraph: (i) ninety days, where the holder is convicted
of an offense consisting of operating a motor vehicle under the
influence of intoxicating liquor where the conviction was had outside
this state and (ii) six months, where the holder is convicted of, or
receives a youthful offender or other juvenile adjudication, which would
have been a misdemeanor or felony if committed by an adult, in
connection with, an offense consisting of operating a motor vehicle
under the influence of or while impaired by the use of drugs where the
conviction or youthful offender or other juvenile adjudication was had
outside this state.
* NB Effective until October 1, 2007
* (8) Out-of-state offenses. Except as provided in subparagraph six or
seven of this paragraph, ninety days, where the holder is convicted of
an offense consisting of operating a motor vehicle under the influence
of intoxicating liquor or drugs where the conviction was had outside
this state.
* NB Effective October 1, 2007
(9) Effect of rehabilitation program. No period of revocation arising
out of subparagraph four, five, six or seven of this paragraph may be
set aside by the commissioner for the reason that such person was a
participant in the alcohol and drug rehabilitation program set forth in
section eleven hundred ninety-six of this chapter.
(10) Action required by commissioner. Where a court fails to impose,
or incorrectly imposes, a suspension or revocation required by this
subdivision, the commissioner shall, upon receipt of a certificate of
conviction filed pursuant to section five hundred fourteen of this
chapter, impose such mandated suspension or revocation, which shall
supersede any such order which the court may have imposed.
(11) Limitation of certain mandatory revocations. Where revocation is
mandatory pursuant to subparagraph five of this paragraph for a
conviction of a violation of subdivision five of section eleven hundred
ninety-two of this article, such revocation shall be issued only by the
commissioner and shall be applicable only to that portion of the
holder's driver's license or privilege which permits the operation of
commercial motor vehicles, and the commissioner shall immediately issue
a license, other than a commercial driver's license, to such person
provided that such person is otherwise eligible to receive such license
and further provided that issuing a license to such person does not
create a substantial traffic safety hazard.
* (c) Reissuance of licenses; restrictions.
(1) Except as otherwise provided in this paragraph, where a license is
revoked pursuant to paragraph (b) of this subdivision, no new license
shall be issued after the expiration of the minimum period specified in
such paragraph, except in the discretion of the commissioner.
(2) Where a license is revoked pursuant to subparagraph two, three or
eight of paragraph (b) of this subdivision for a violation of
subdivision four of section eleven hundred ninety-two of this article,
and where the individual does not have a driver's license or the
individual's license was suspended at the time of conviction or youthful
offender or other juvenile adjudication, the commissioner shall not
issue a new license nor restore the former license for a period of six
months after such individual would otherwise have become eligible to
obtain a new license or to have the former license restored; provided,
however, that during such delay period the commissioner may issue a
restricted use license pursuant to section five hundred thirty of this
chapter.
(3) In no event shall a new license be issued where a person has been
twice convicted of a violation of subdivision three or four of section
eleven hundred ninety-two of this article or of driving while
intoxicated or of driving while ability is impaired by the use of a drug
where physical injury, as defined in section 10.00 of the penal law, has
resulted from such offense in each instance.
* NB Effective until October 1, 2007
* (c) Reissuance of licenses; restrictions. Where a license is revoked
pursuant to paragraph (b) of this subdivision, no new license shall be
issued after the expiration of the minimum period specified in such
paragraph, except in the discretion of the commissioner; provided,
however, that in no event shall a new license be issued where a person
has been twice convicted of a violation of subdivision three or four of
section eleven hundred ninety-two of this article or of driving while
intoxicated or of driving while ability is impaired by the use of a drug
where physical injury, as defined in section 10.00 of the penal law, has
resulted from such offense in each instance.
* NB Effective October 1, 2007
(d) Suspension or revocation; sentencing. (1) Notwithstanding anything
to the contrary contained in a certificate of relief from disabilities
issued pursuant to article twenty-three of the correction law, where a
suspension or revocation, other than a revocation required to be issued
by the commissioner, is mandatory pursuant to paragraph (a) or (b) of
this subdivision, the magistrate, justice or judge shall issue an order
suspending or revoking such license upon sentencing, and the license
holder shall surrender such license to the court. Except as hereinafter
provided, such suspension or revocation shall take effect immediately.
(2) Except where the license holder has been charged with a violation
of article one hundred twenty or one hundred twenty-five of the penal
law arising out of the same incident or convicted of such violation or a
violation of any subdivision of section eleven hundred ninety-two of
this article within the preceding five years, the judge, justice or
magistrate may issue an order making said license suspension or
revocation take effect twenty days after the date of sentencing. The
license holder shall be given a copy of said order permitting the
continuation of driving privileges for twenty days after sentencing, if
granted by the court. The court shall forward to the commissioner the
certificates required in sections five hundred thirteen and five hundred
fourteen of this chapter, along with a copy of any order issued pursuant
to this paragraph and the license, within ninety-six hours of
sentencing.
(e) Special provisions. (1) Suspension pending prosecution; procedure.
a. Without notice, pending any prosecution, the court shall suspend such
license, where the holder has been charged with a violation of
subdivision two, three or four of section eleven hundred ninety-two of
this article and either (i) a violation of a felony under article one
hundred twenty or one hundred twenty-five of the penal law arising out
of the same incident, or (ii) has been convicted of any violation under
section eleven hundred ninety-two of this article within the preceding
five years.
b. The suspension under the preceding clause shall occur no later than
twenty days after the holder's first appearance before the court on the
charges or at the conclusion of all proceedings required for the
arraignment. In order for the court to impose such suspension it must
find that the accusatory instrument conforms to the requirements of
section 100.40 of the criminal procedure law and there exists reasonable
cause to believe that the holder operated a motor vehicle in violation
of subdivision two, three or four of section eleven hundred ninety-two
of this article and either (i) the person had been convicted of any
violation under such section eleven hundred ninety-two of this article
within the preceding five years; or (ii) that the holder committed a
violation of a felony under article one hundred twenty or one hundred
twenty-five of the penal law. At such time the holder shall be entitled
to an opportunity to make a statement regarding the enumerated issues
and to present evidence tending to rebut the court's findings. Where
such suspension is imposed upon a pending charge of a violation of a
felony under article one hundred twenty or one hundred twenty-five of
the penal law and the holder has requested a hearing pursuant to article
one hundred eighty of the criminal procedure law, the court shall
conduct such hearing. If upon completion of the hearing, the court fails
to find that there is reasonable cause to believe that the holder
committed a felony under article one hundred twenty or one hundred
twenty-five of the penal law and the holder has not been previously
convicted of any violation of section eleven hundred ninety-two of this
article within the preceding five years the court shall promptly notify
the commissioner and direct restoration of such license to the license
holder unless such license is suspended or revoked pursuant to any other
provision of this chapter.
(2) Bail forfeiture. A license shall be suspended where the holder
forfeits bail upon a charge of a violation of any subdivision of section
eleven hundred ninety-two of this article. Such suspension shall not be
terminated until the holder submits to the jurisdiction of the court in
which the bail was forfeited.
(3) Permanent disqualification from operating certain motor vehicles.
a. Except as otherwise provided herein, in addition to any revocation
set forth in subparagraph four or five of paragraph (b) of this
subdivision, any person sentenced pursuant to subparagraph three of
paragraph (d) of subdivision one of this section shall be permanently
disqualified from operating any vehicle set forth in such paragraph. In
addition, the commissioner shall not issue such person a license valid
for the operation of any vehicle set forth therein by such person. The
commissioner may waive such disqualification and prohibition
hereinbefore provided after a period of five years has expired from such
sentencing provided:
(i) that during such five year period such person has not violated any
of the provisions of section eleven hundred ninety-two of this article
or any alcohol or drug related traffic offense in this state or in any
jurisdiction outside this state;
(ii) that such person provides acceptable documentation to the
commissioner that such person is not in need of alcohol or drug
treatment or has satisfactorily completed a prescribed course of such
treatment; and
(iii) after such documentation is accepted, that such person is
granted a certificate of relief from disabilities as provided for in
section seven hundred one of the correction law by the court in which
such person was last penalized pursuant to paragraph (d) of subdivision
one of this section.
b. Any person who holds a commercial driver's license and is convicted
of a violation of any subdivision of section eleven hundred ninety-two
of this article who has had a prior finding of refusal to submit to a
chemical test pursuant to section eleven hundred ninety-four of this
article or has had a prior conviction of any of the following offenses:
any violation of section eleven hundred ninety-two of this article; any
violation of subdivision one or two of section six hundred of this
chapter; or has a prior conviction of any felony involving the use of a
motor vehicle pursuant to paragraph (a) of subdivision one of section
five hundred ten-a of this chapter, shall be permanently disqualified
from operating a commercial motor vehicle. The commissioner may waive
such disqualification and prohibition hereinbefore provided after a
period of ten years has expired from such sentence provided:
(i) that during such ten year period such person has not been found to
have refused a chemical test pursuant to section eleven hundred
ninety-four of this article while operating a motor vehicle and has not
been convicted of any one of the following offenses while operating a
motor vehicle: any violation of section eleven hundred ninety-two of
this article; any violation of subdivision one or two of section six
hundred of this chapter; or has a prior conviction of any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of section five hundred ten-a of this chapter;
(ii) that such person provides acceptable documentation to the
commissioner that such person is not in need of alcohol or drug
treatment or has satisfactorily completed a prescribed course of such
treatment; and
(iii) after such documentation is accepted, that such person is
granted a certificate of relief from disabilities as provided for in
section seven hundred one of the correction law by the court in which
such person was last penalized pursuant to paragraph (d) of subdivision
one of this section.
c. Upon a third finding of refusal and/or conviction of any of the
offenses which require a permanent commercial driver's license
revocation, such permanent revocation may not be waived by the
commissioner under any circumstances.
(4) Youthful offenders. Where a youth is determined to be a youthful
offender, following a conviction of a violation of section eleven
hundred ninety-two of this article for which a license suspension or
revocation is mandatory, the court shall impose such suspension or
revocation as is otherwise required upon conviction and, further, shall
notify the commissioner of said suspension or revocation and its finding
that said violator is granted youthful offender status as is required
pursuant to section five hundred thirteen of this chapter.
(5) Probation. When a license to operate a motor vehicle has been
revoked pursuant to this chapter, and the holder has been sentenced to a
period of probation pursuant to section 65.00 of the penal law for a
violation of any provision of this chapter, or any other provision of
the laws of this state, and a condition of such probation is that the
holder thereof not operate a motor vehicle or not apply for a license to
operate a motor vehicle during the period of such condition of
probation, the commissioner may not restore such license until the
period of the condition of probation has expired.
(6) Application for new license. Where a license has been revoked
pursuant to paragraph (b) of this subdivision, or where the holder is
subject to a condition of probation as provided in subparagraph five of
this paragraph, application for a new license may be made within
forty-five days prior to the expiration of such minimum period of
revocation or condition of probation, whichever expires last.
* (7) Suspension pending prosecution; excessive blood alcohol content.
a. Except as provided in clause a-1 of this subparagraph, a court shall
suspend a driver's license, pending prosecution, of any person charged
with a violation of subdivision two or three of section eleven hundred
ninety-two of this article who, at the time of arrest, is alleged to
have had .08 of one percent or more by weight of alcohol in such
driver's blood as shown by chemical analysis of blood, breath, urine or
saliva, made pursuant to subdivision two or three of section eleven
hundred ninety-four of this article.
a-1. A court shall suspend a class DJ or MJ learner's permit or a
class DJ or MJ driver's license, pending prosecution, of any person who
has been charged with a violation of subdivision one, two and/or three
of section eleven hundred ninety-two of this article.
b. The suspension occurring under clause a of this subparagraph shall
occur no later than at the conclusion of all proceedings required for
the arraignment and the suspension occurring under clause a-1 of this
subparagraph shall occur immediately after the holder's first appearance
before the court on the charge which shall, whenever possible, be the
next regularly scheduled session of the court after the arrest or at the
conclusion of all proceedings required for the arraignment; provided,
however, that if the results of any test administered pursuant to
section eleven hundred ninety-four of this article are not available
within such time period, the complainant police officer or other public
servant shall transmit such results to the court at the time they become
available, and the court shall, as soon as practicable following the
receipt of such results and in compliance with the requirements of this
subparagraph, suspend such license. In order for the court to impose
such suspension it must find that the accusatory instrument conforms to
the requirements of section 100.40 of the criminal procedure law and
there exists reasonable cause to believe either that (a) the holder
operated a motor vehicle while such holder had .08 of one percent or
more by weight of alcohol in his or her blood as was shown by chemical
analysis of such person's blood, breath, urine or saliva, made pursuant
to the provisions of section eleven hundred ninety-four of this article
or (b) the person was the holder of a class DJ or MJ learner's permit or
a class DJ or MJ driver's license and operated a motor vehicle while
such holder was in violation of subdivision one, two and/or three of
section eleven hundred ninety-two of this article. At the time of such
license suspension the holder shall be entitled to an opportunity to
make a statement regarding these two issues and to present evidence
tending to rebut the court's findings.
c. Nothing contained in this subparagraph shall be construed to
prohibit or limit a court from imposing any other suspension pending
prosecution required or permitted by law.
d. Notwithstanding any contrary provision of this chapter, if any
suspension occurring under this subparagraph has been in effect for a
period of thirty days, the holder may be issued a conditional license,
in accordance with section eleven hundred ninety-six of this article,
provided the holder of such license is otherwise eligible to receive
such conditional license. The commissioner shall prescribe by regulation
the procedures for the issuance of such conditional license.
e. If the court finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, which shall be issued on
a form prescribed by the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative means
of travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's
household, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. The burden of
proving extreme hardship shall be on the licensee who may present
material and relevant evidence. A finding of extreme hardship may not be
based solely upon the testimony of the licensee. In no event shall
arraignment be adjourned or otherwise delayed more than three business
days solely for the purpose of allowing the licensee to present evidence
of extreme hardship. The court shall set forth upon the record, or
otherwise set forth in writing, the factual basis for such finding. The
hardship privilege shall permit the operation of a vehicle only for
travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's
household, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate.
* NB Repealed October 1, 2007
(f) Notice of charges to parent or guardian. Notwithstanding the
provisions of subdivision two of section eighteen hundred seven of this
chapter, upon the first scheduled appearance of any person under
eighteen years of age who resides within the household of his or her
parent or guardian upon a charge of a violation of subdivision one, two
and/or three of section eleven hundred ninety-two of this article, the
local criminal court before which such first appearance is scheduled
shall forthwith transmit written notice of such appearance or failure to
make such appearance to the parent or guardian of such minor person;
provided, however, that if an arraignment and conviction of such person
follows such appearance upon the same day, or in case such person waives
arraignment and enters a plea of guilty to the offense as charged in
accordance with the provisions of section eighteen hundred five of this
chapter, transmittal of notice of his or her conviction as provided in
section five hundred fourteen of this chapter shall be sufficient and
the notice required by this paragraph need not be given; provided
further that the failure of a local criminal court to transmit the
notice required by this paragraph shall in no manner affect the validity
of a conviction subsequently obtained.
