New York Laws > Vehicle and Traffic > 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.