§ 1193 — Sanctions

§ 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability\nimpaired. A violation of subdivision one of section eleven hundred\nninety-two of this article shall be a traffic infraction and shall be\npunishable by a fine of not less than three hundred dollars nor more\nthan five hundred dollars or by imprisonment in a penitentiary or county\njail for not more than fifteen days, or by both such fine and\nimprisonment. A person who operates a vehicle in violation of such\nsubdivision after having been convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article within\nthe preceding five years shall be punished by a fine of not less than\nfive hundred dollars nor more than seven hundred fifty dollars, or by\nimprisonment of not more than thirty days in a penitentiary or county\njail or by both such fine and imprisonment. A person who operates a\nvehicle in violation of such subdivision after having been convicted two\nor more times of a violation of any subdivision of section eleven\nhundred ninety-two of this article within the preceding ten years shall\nbe guilty of a misdemeanor, and shall be punished by a fine of not less\nthan seven hundred fifty dollars nor more than fifteen hundred dollars,\nor by imprisonment of not more than one hundred eighty days in a\npenitentiary or county jail or by both such fine and imprisonment.\n (b) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated; misdemeanor\noffenses. (i) A violation of subdivision two, three, four or four-a of\nsection eleven hundred ninety-two of this article shall be a misdemeanor\nand shall be punishable by a fine of not less than five hundred dollars\nnor more than one thousand dollars, or by imprisonment in a penitentiary\nor county jail for not more than one year, or by both such fine and\nimprisonment. A violation of paragraph (a) of subdivision two-a of\nsection eleven hundred ninety-two of this article shall be a misdemeanor\nand shall be punishable by a fine of not less than one thousand dollars\nnor more than two thousand five hundred dollars or by imprisonment in a\npenitentiary or county jail for not more than one year, or by both such\nfine and imprisonment.\n (ii) In addition to the imposition of any fine or period of\nimprisonment set forth in this paragraph, the court shall also sentence\nsuch person convicted of, or adjudicated a youthful offender for, a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article to a term of probation or conditional\ndischarge, as a condition of which it shall order such person to install\nand maintain, in accordance with the provisions of section eleven\nhundred ninety-eight of this article, an ignition interlock device in\nany motor vehicle owned or operated by such person during the term of\nsuch probation or conditional discharge imposed for such violation of\nsection eleven hundred ninety-two of this article and in no event for a\nperiod of less than twelve months; provided, however, that such period\nof interlock restriction shall terminate upon submission of proof that\nsuch person installed and maintained an ignition interlock device for at\nleast six months, unless the court ordered such person to install and\nmaintain an ignition interlock device for a longer period as authorized\nby this subparagraph and specified in such order. The period of\ninterlock restriction shall commence from the earlier of the date of\nsentencing, or the date that an ignition interlock device was installed\nin advance of sentencing. Provided, however, the court may not authorize\nthe operation of a motor vehicle by any person whose license or\nprivilege to operate a motor vehicle has been revoked pursuant to the\nprovisions of this section.\n (c) Felony offenses. (i) A person who operates a vehicle (A) in\nviolation of subdivision two, two-a, three, four or four-a of section\neleven hundred ninety-two of this article after having been convicted of\na violation of subdivision two, two-a, three, four or four-a of such\nsection or of vehicular assault in the second or first degree, as\ndefined, respectively, in sections 120.03 and 120.04 and aggravated\nvehicular assault as defined in section 120.04-a of the penal law or of\nvehicular manslaughter in the second or first degree, as defined,\nrespectively, in sections 125.12 and 125.13 and aggravated vehicular\nhomicide as defined in section 125.14 of such law, within the preceding\nten years, or (B) in violation of paragraph (b) of subdivision two-a of\nsection eleven hundred ninety-two of this article shall be guilty of a\nclass E felony, and shall be punished by a fine of not less than one\nthousand dollars nor more than five thousand dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment.\n (ii) A person who operates a vehicle in violation of subdivision two,\ntwo-a, three, four or four-a of section eleven hundred ninety-two of\nthis article after having been convicted of a violation of subdivision\ntwo, two-a, three, four or four-a of such section or of vehicular\nassault in the second or first degree, as defined, respectively, in\nsections 120.03 and 120.04 and aggravated vehicular assault as defined\nin section 120.04-a of the penal law or of vehicular manslaughter in the\nsecond or first degree, as defined, respectively, in sections 125.12 and\n125.13 and aggravated vehicular homicide as defined in section 125.14 of\nsuch law, twice within the preceding ten years, shall be guilty of a\nclass D felony, and shall be punished by a fine of not less than two\nthousand dollars nor more than ten thousand dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment.\n (ii-a) A person who operates a vehicle in violation of subdivision\ntwo, two-a, three, four or four-a of section eleven hundred ninety-two\nof this article after having been convicted of a violation of\nsubdivision two, two-a, three, four or four-a of such section or of\nvehicular assault in the second or first degree, as defined,\nrespectively, in sections 120.03 and 120.04 and aggravated vehicular\nassault as defined in section 120.04-a of the penal law or of vehicular\nmanslaughter in the second or first degree, as defined, respectively, in\nsections 125.12 and 125.13 and aggravated vehicular homicide as defined\nin section 125.14 of such law, three or more times within the preceding\nfifteen years, shall be guilty of a class D felony, and shall be\npunished by a fine of not less than two thousand dollars nor more than\nten thousand dollars or by a period of imprisonment as provided in the\npenal law, or by both such fine and imprisonment.\n (iii) In addition to the imposition of any fine or period of\nimprisonment set forth in this paragraph, the court shall also sentence\nsuch person convicted of, or adjudicated a youthful offender for, a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article to a period of probation or conditional\ndischarge, as a condition of which it shall order such person to install\nand maintain, in accordance with the provisions of section eleven\nhundred ninety-eight of this article, an ignition interlock device in\nany motor vehicle owned or operated by such person during the term of\nsuch probation or conditional discharge imposed for such violation of\nsection eleven hundred ninety-two of this article and in no event for a\nperiod of less than twelve months; provided, however, that such period\nof interlock restriction shall terminate upon submission of proof that\nsuch person installed and maintained an ignition interlock device for at\nleast six months, unless the court ordered such person to install and\nmaintain a ignition interlock device for a longer period as authorized\nby this subparagraph and specified in such order. The period of\ninterlock restriction shall commence from the earlier of the date of\nsentencing, or the date that an ignition interlock device was installed\nin advance of sentencing. Provided, however, the court may not authorize\nthe operation of a motor vehicle by any person whose license or\nprivilege to operate a motor vehicle has been revoked pursuant to the\nprovisions of this section.\n (d) Alcohol or drug related offenses; special vehicles. (1) Except as\nprovided in subparagraph four of this paragraph, a violation of\nsubdivision one, two, three, four or four-a of section eleven hundred\nninety-two of this article wherein the violator is operating a taxicab\nas defined in section one hundred forty-eight-a of this chapter, or\nlivery as defined in section one hundred twenty-one-e of this chapter,\nand such taxicab or livery is carrying a passenger for compensation, or\na truck with a GVWR of more than eighteen thousand pounds but not more\nthan twenty-six thousand pounds and which is not a commercial motor\nvehicle shall be a misdemeanor punishable by a fine of not less than\nfive hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a taxicab as defined in section one hundred forty-eight-a of\nthis chapter, or livery as defined in section one hundred twenty-one-e\nof this chapter, and such taxicab or livery is carrying a passenger for\ncompensation, or a truck with a GVWR of more than eighteen thousand\npounds but not more than twenty-six thousand pounds and which is not a\ncommercial motor vehicle shall be a class E felony punishable by a fine\nof not less than one thousand dollars nor more than five thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n (1-a) A violation of subdivision one of section eleven hundred\nninety-two of this article wherein the violator is operating a school\nbus as defined in section one hundred forty-two of this chapter and such\nschool bus is carrying at least one student passenger shall be a\nmisdemeanor punishable by a fine of not less than five hundred dollars\nnor more than fifteen hundred dollars or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment.\n (2) A violation of subdivision five of section eleven hundred\nninety-two of this article shall be a traffic infraction punishable as\nprovided in paragraph (a) of this subdivision. Except as provided in\nsubparagraph three or five of this paragraph, a violation of subdivision\none, two, three, four, four-a or six of section eleven hundred\nninety-two of this article wherein the violator is operating a\ncommercial motor vehicle, or any motor vehicle registered or\nregisterable under schedule F of subdivision seven of section four\nhundred one of this chapter shall be a misdemeanor. A violation of\nsubdivision one, two, three, four or four-a of section eleven hundred\nninety-two of this article shall be punishable by a fine of not less\nthan five hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision six of section eleven\nhundred ninety-two of this article shall be punishable by a fine of not\nless than five hundred dollars nor more than fifteen hundred dollars or\nby a period of imprisonment not to exceed one hundred eighty days, or by\nboth such fine and imprisonment. A person who operates any such vehicle\nin violation of such subdivision six after having been convicted of a\nviolation of subdivision one, two, two-a, three, four, four-a or six of\nsection eleven hundred ninety-two of this article within the preceding\nfive years shall be punishable by a fine of not less than five hundred\ndollars nor more than fifteen hundred dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment. A violation of subdivision two-a of section eleven hundred\nninety-two of this article wherein the violator is operating a\ncommercial motor vehicle, or any motor vehicle registered or\nregisterable under schedule F of subdivision seven of section four\nhundred one of this chapter shall be a class E felony punishable by a\nfine of not less than one thousand dollars nor more than five thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n (3) A violation of subdivision one of section eleven hundred\nninety-two of this article wherein the violator is operating a motor\nvehicle with a gross vehicle weight rating of more than eighteen\nthousand pounds which contains flammable gas, radioactive materials or\nexplosives shall be a misdemeanor punishable by a fine of not less than\nfive hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment.\n (4) (i) A person who operates a vehicle in violation of subdivision\none, two, two-a, three, four or four-a of section eleven hundred\nninety-two of this article and which is punishable as provided in\nsubparagraph one, one-a, two or three of this paragraph after having\nbeen convicted of a violation of any such subdivision of section eleven\nhundred ninety-two of this article and penalized under subparagraph one,\none-a, two or three of this paragraph within the preceding ten years,\nshall be guilty of a class E felony, which shall be punishable by a fine\nof not less than one thousand dollars nor more than five thousand\ndollars, or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment. A person who operates a vehicle in\nviolation of subdivision six of section eleven hundred ninety-two of\nthis article after having been convicted of two or more violations of\nsubdivisions one, two, two-a, three, four, four-a or six of section\neleven hundred ninety-two of this article within the preceding five\nyears, any one of which was a misdemeanor, shall be guilty of a class E\nfelony, which shall be punishable by a fine of not less than one\nthousand dollars nor more than five thousand dollars, or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment. In addition, any person sentenced pursuant to this\nsubparagraph shall be subject to the disqualification provided in\nsubparagraph three of paragraph (e) of subdivision two of this section.\n (ii) A person who operates a vehicle in violation of subdivision one,\ntwo, two-a, three, four or four-a of section eleven hundred ninety-two\nof this article and which is punishable as provided in subparagraph one,\none-a, two or three of this paragraph after having been convicted of a\nviolation of any such subdivision of section eleven hundred ninety-two\nof this article and penalized under subparagraph one, one-a, two or\nthree of this paragraph twice within the preceding ten years, shall be\nguilty of a class D felony, which shall be punishable by a fine of not\nless than two thousand dollars nor more than ten thousand dollars, or by\na period of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A person who operates a vehicle in violation of\nsubdivision six of section eleven hundred ninety-two of this article\nafter having been convicted of three or more violations of subdivisions\none, two, two-a, three, four, four-a or six of section eleven hundred\nninety-two of this article within the preceding five years, any one of\nwhich was a misdemeanor, shall be guilty of a class D felony, which\nshall be punishable by a fine of not less than two thousand dollars nor\nmore than ten thousand dollars, or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment. In\naddition, any person sentenced pursuant to this subparagraph shall be\nsubject to the disqualification provided in subparagraph three of\nparagraph (e) of subdivision two of this section.\n (4-a) A violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a school bus as defined in section one hundred forty-two of\nthis chapter and such school bus is carrying at least one student\npassenger shall be a class E felony punishable by a fine of not less\nthan one thousand dollars nor more than five thousand dollars, or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a school bus as defined in section one hundred forty-two of\nthis chapter and such school bus is carrying at least one student\npassenger shall be a class D felony punishable by a fine of not less\nthan two thousand dollars nor more than ten thousand dollars, or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment.\n (5) A violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds which contains flammable gas, radioactive\nmaterials or explosives, shall be a class E felony punishable by a fine\nof not less than one thousand dollars and such other penalties as\nprovided for in the penal law; provided, however, that a conviction for\nsuch violation shall not be considered a predicate felony pursuant to\nsection 70.06 of such law, or a previous felony conviction pursuant to\nsection 70.10 of such law. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds which contains flammable gas, radioactive\nmaterials or explosives, shall be a class D felony punishable by a fine\nof not less than two thousand nor more than ten thousand dollars and\nsuch other penalties as provided for in the penal law; provided,\nhowever, that a conviction for such violation shall not be considered a\npredicate felony pursuant to section 70.06 of such law, or a previous\nfelony conviction pursuant to section 70.10 of such law.\n (6) The sentences required to be imposed by subparagraph one, one-a,\ntwo, three, four, four-a or five of this paragraph shall be imposed\nnotwithstanding any contrary provision of this chapter or the penal law.\n (7) Nothing contained in this paragraph shall prohibit the imposition\nof a charge of any other felony set forth in this or any other provision\nof law for any acts arising out of the same incident.\n (e) Certain sentences prohibited. Notwithstanding any provisions of\nthe penal law, no judge or magistrate shall impose a sentence of\nunconditional discharge for a violation of any subdivision of section\neleven hundred ninety-two of this article nor shall a judge or\nmagistrate impose a sentence of conditional discharge or probation\nunless such conditional discharge or probation is accompanied by a\nsentence of a fine as provided in this subdivision.\n (f) Where the court imposes a sentence for a violation of section\neleven hundred ninety-two of this article, the court may require the\ndefendant, as a part of or as a condition of such sentence, to attend a\nsingle session conducted by a victims impact program. For purposes of\nthis section, "victims impact program" means a program operated by a\ncounty, a city with a population of one million or more, by a\nnot-for-profit organization authorized by any such county or city, or a\ncombination thereof, in which presentations are made concerning the\nimpact of operating a motor vehicle while under the influence of alcohol\nor drugs to one or more persons who have been convicted of such\noffenses. A description of any such program shall be filed with the\ncommissioner and with the coordinator of the special traffic options\nprogram for driving while intoxicated established pursuant to section\neleven hundred ninety-seven of this article, and shall be made available\nto the court upon request. Nothing contained herein shall be construed\nto require any governmental entity to create such a victim impact\nprogram.\n (g) The office of probation and correctional alternatives shall\nrecommend to the commissioner of the division of criminal justice\nservices regulations governing the monitoring of compliance by persons\nordered to install and maintain ignition interlock devices to provide\nstandards for monitoring by departments of probation, and options for\nmonitoring of compliance by such persons, that counties may adopt as an\nalternative to monitoring by a department of probation.\n 1-a. Additional penalties. (a) Except as provided for in paragraph (b)\nof this subdivision, a person who operates a vehicle in violation of\nsubdivision two or three of section eleven hundred ninety-two of this\narticle after having been convicted of a violation of subdivision two or\nthree of such section within the preceding five years shall, in addition\nto any other penalties which may be imposed pursuant to subdivision one\nof this section, be sentenced to a term of imprisonment of five days or,\nas an alternative to such imprisonment, be required to perform thirty\ndays of service for a public or not-for-profit corporation, association,\ninstitution or agency as set forth in paragraph (h) of subdivision two\nof section 65.10 of the penal law as a condition of sentencing for such\nviolation. Notwithstanding the provisions of this paragraph, a sentence\nof a term of imprisonment of five days or more pursuant to the\nprovisions of subdivision one of this section shall be deemed to be in\ncompliance with this subdivision.\n (b) A person who operates a vehicle in violation of subdivision two or\nthree of section eleven hundred ninety-two of this article after having\nbeen convicted on two or more occasions of a violation of any of such\nsubdivisions within the preceding five years shall, in addition to any\nother penalties which may be imposed pursuant to subdivision one of this\nsection, be sentenced to a term of imprisonment of ten days or, as an\nalternative to such imprisonment, be required to perform sixty days of\nservice for a public or not-for-profit corporation, association,\ninstitution or agency as set forth in paragraph (h) of subdivision two\nof section 65.10 of the penal law as a condition of sentencing for such\nviolation. Notwithstanding the provisions of this paragraph, a sentence\nof a term of imprisonment of ten days or more pursuant to the provisions\nof subdivision one of this section shall be deemed to be in compliance\nwith this subdivision.\n (c) A court sentencing a person pursuant to paragraph (a) or (b) of\nthis subdivision shall: (i) order the installation of an ignition\ninterlock device approved pursuant to section eleven hundred\nninety-eight of this article in any motor vehicle owned or operated by\nthe person so sentenced. Such devices shall remain installed during any\nperiod of license revocation required to be imposed pursuant to\nparagraph (b) of subdivision two of this section, and, upon the\ntermination of such revocation period, for an additional period as\ndetermined by the court; and (ii) order that such person receive an\nassessment of the degree of their alcohol or substance abuse and\ndependency pursuant to the provisions of section eleven hundred\nninety-eight-a of this article. Where such assessment indicates the\nneed for treatment, such court is authorized to impose treatment as a\ncondition of such sentence except that such court shall impose treatment\nas a condition of a sentence of probation or conditional discharge\npursuant to the provisions of subdivision three of section eleven\nhundred ninety-eight-a of this article. Any person ordered to install an\nignition interlock device pursuant to this paragraph shall be subject to\nthe provisions of subdivisions four, five, seven, eight and nine of\nsection eleven hundred ninety-eight of this article.\n (d) Confidentiality of records. The provisions of subdivision six of\nsection eleven hundred ninety-eight-a of this article shall apply to the\nrecords and content of all assessments and treatment conducted pursuant\nto this subdivision.\n 2. License sanctions. (a) Suspensions. Except as otherwise provided in\nthis subdivision, a license shall be suspended and a registration may be\nsuspended for the following periods:\n (1) Driving while ability impaired. Ninety days, where the holder is\nconvicted of a violation of subdivision one of section eleven hundred\nninety-two of this article;\n (2) Persons under the age of twenty-one; driving after having consumed\nalcohol. Six months, where the holder has been found to have operated a\nmotor vehicle after having consumed alcohol in violation of section\neleven hundred ninety-two-a of this article where such person was under\nthe age of twenty-one at the time of commission of such violation.\n (b) Revocations. A license shall be revoked and a registration may be\nrevoked for the following minimum periods:\n (1) Driving while ability impaired; prior offense. Six months, where\nthe holder is convicted of a violation of subdivision one of section\neleven hundred ninety-two of this article committed within five years of\na conviction for a violation of any subdivision of section eleven\nhundred ninety-two of this article.\n (1-a) Driving while ability impaired; misdemeanor offense. Six months,\nwhere the holder is convicted of a violation of subdivision one of\nsection eleven hundred ninety-two of this article committed within ten\nyears of two previous convictions for a violation of any subdivision of\nsection eleven hundred ninety-two of this article.\n (2) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated. Six months,\nwhere the holder is convicted of a violation of subdivision two, three,\nfour or four-a of section eleven hundred ninety-two of this article. One\nyear where the holder is convicted of a violation of subdivision two-a\nof section eleven hundred ninety-two of this article.\n (3) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated; prior\noffense. One year, where the holder is convicted of a violation of\nsubdivision two, three, four or four-a of section eleven hundred\nninety-two of this article committed within ten years of a conviction\nfor a violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article. Eighteen months, where the\nholder is convicted of a violation of subdivision two-a of section\neleven hundred ninety-two of this article committed within ten years of\na conviction for a violation of subdivision two, two-a, three, four or\nfour-a of section eleven hundred ninety-two of this article; or where\nthe holder is convicted of a violation of subdivision two, three, four\nor four-a of section eleven hundred ninety-two of this article committed\nwithin ten years of a conviction for a violation of subdivision two-a of\nsection eleven hundred ninety-two of this article.\n (4) Special vehicles other than school buses. One year, where the\nholder is convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article and is sentenced pursuant to\nsubparagraph one of paragraph (d) of subdivision one of this section.\n (4-a) School buses. (A) One year, where the holder is convicted of a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article, such violation was committed while the holder was driving\na school bus, and the holder is sentenced pursuant to subparagraph one,\none-a or four-a of paragraph (d) of subdivision one of this section.\n (B) Three years where the holder is convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article, such\nviolation was committed while the holder was driving a school bus, and\nthe holder is sentenced pursuant to subparagraph four of paragraph (d)\nof subdivision one of this section.\n (C) Notwithstanding the provisions of the opening paragraph of this\nparagraph (b), the commissioner shall not revoke the registration of a\nschool bus driven in violation of section eleven hundred ninety-two of\nthis article.\n (5) Holder of a commercial driver's license. (i) Except as otherwise\nprovided in this subparagraph, one year where the holder of a commercial\ndriver's license is convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this article or if such holder is\nconvicted of an offense consisting of operating a motor vehicle under\nthe influence of alcohol or drugs where such conviction was had outside\nof this state.\n (ii) Three years, where the holder is convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article, such\nviolation was committed while the holder was operating a commercial\nmotor vehicle transporting hazardous materials or if such holder is\nconvicted of an offense consisting of operating a motor vehicle under\nthe influence of alcohol or drugs where such conviction was had outside\nof this state.\n (6) Persons under the age of twenty-one. One year, where the holder is\nconvicted of or adjudicated a youthful offender for a violation of any\nsubdivision of section eleven hundred ninety-two of this article, or is\nconvicted of or receives a youthful offender or other juvenile\nadjudication for an offense consisting of operating a motor vehicle\nunder the influence of intoxicating liquor where the conviction, or\nyouthful offender or other juvenile adjudication was had outside this\nstate, where such person was under the age of twenty-one at the time of\ncommission of such violation.\n (7) Persons under the age of twenty-one; prior offense or finding. One\nyear or until the holder reaches the age of twenty-one, whichever is the\ngreater period of time, where the holder has been found to have operated\na motor vehicle after having consumed alcohol in violation of section\neleven hundred ninety-two-a of this article, or is convicted of, or\nadjudicated a youthful offender for, a violation of any subdivision of\nsection eleven hundred ninety-two of this article, or is convicted of or\nreceives a youthful offender or juvenile adjudication for an offense\nconsisting of operating a motor vehicle under the influence of\nintoxicating liquor where the conviction, or youthful offender or other\njuvenile adjudication was had outside this state, where such person was\nunder the age of twenty-one at the time of commission of such violation\nand has previously been found to have operated a motor vehicle after\nhaving consumed alcohol in violation of section eleven hundred\nninety-two-a of this article, or has previously been convicted of, or\nadjudicated a youthful offender for, any violation of section eleven\nhundred ninety-two of this article not arising out of the same incident,\nor has previously been convicted of or received a youthful offender or\njuvenile adjudication for an offense consisting of operating a motor\nvehicle under the influence of intoxicating liquor when the conviction,\nor youthful offender or other juvenile adjudication was had outside this\nstate and not arising out of the same.\n (8) Out-of-state offenses. Except as provided in subparagraph six or\nseven of this paragraph: (i) ninety days, where the holder is convicted\nof an offense consisting of operating a motor vehicle under the\ninfluence of intoxicating liquor where the conviction was had outside\nthis state and (ii) six months, where the holder is convicted of, or\nreceives a youthful offender or other juvenile adjudication, which would\nhave been a misdemeanor or felony if committed by an adult, in\nconnection with, an offense consisting of operating a motor vehicle\nunder the influence of or while impaired by the use of drugs where the\nconviction or youthful offender or other juvenile adjudication was had\noutside this state.\n (9) Effect of rehabilitation program. No period of revocation arising\nout of subparagraph four, five, six or seven of this paragraph may be\nset aside by the commissioner for the reason that such person was a\nparticipant in the alcohol and drug rehabilitation program set forth in\nsection eleven hundred ninety-six of this chapter.\n (10) Action required by commissioner. Where a court fails to impose,\nor incorrectly imposes, a suspension or revocation required by this\nsubdivision, the commissioner shall, upon receipt of a certificate of\nconviction filed pursuant to section five hundred fourteen of this\nchapter, impose such mandated suspension or revocation, which shall\nsupersede any such order which the court may have imposed.\n (11) Limitation of certain mandatory revocations. Where revocation is\nmandatory pursuant to subparagraph five of this paragraph for a\nconviction of a violation of subdivision five of section eleven hundred\nninety-two of this article, such revocation shall be issued only by the\ncommissioner and shall be applicable only to that portion of the\nholder's driver's license or privilege which permits the operation of\ncommercial motor vehicles, and the commissioner shall immediately issue\na license, other than a commercial driver's license, to such person\nprovided that such person is otherwise eligible to receive such license\nand further provided that issuing a license to such person does not\ncreate a substantial traffic safety hazard.\n (12) Permanent revocation. (a) Notwithstanding any other provision of\nthis chapter to the contrary, whenever a revocation is imposed upon a\nperson for the refusal to submit to a chemical test pursuant to the\nprovisions of section eleven hundred ninety-four of this article or\nconviction for any violation of section eleven hundred ninety-two of\nthis article for which a sentence of imprisonment may be imposed, and\nsuch person has: (i) within the previous four years been twice convicted\nof any provisions of section eleven hundred ninety-two of this article\nor a violation of the penal law for which a violation of such section\neleven hundred ninety-two is an essential element and at least one such\nconviction was for a crime, or has twice been found to have refused to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this article, or has any combination of two such convictions and\nfindings of refusal not arising out of the same incident; or (ii) within\nthe previous eight years been convicted three times of any provision of\nsection eleven hundred ninety-two of this article for which a sentence\nof imprisonment may be imposed or a violation of the penal law for which\na violation of such section eleven hundred ninety-two is an essential\nelement and at least two such convictions were for crimes, or has been\nfound, on three separate occasions, to have refused to submit to a\nchemical test pursuant to section eleven hundred ninety-four of this\narticle, or has any combination of such convictions and findings of\nrefusal not arising out of the same incident, such revocation shall be\npermanent.\n (b) The permanent driver's license revocation required by clause (a)\nof this subparagraph shall be waived by the commissioner after a period\nof five years has expired since the imposition of such permanent\nrevocation, provided that during such five-year period such person has\nnot been found to have refused a chemical test pursuant to section\neleven hundred ninety-four of this article while operating a motor\nvehicle and has not been convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this article or section five\nhundred eleven of this chapter or a violation of the penal law for which\na violation of any subdivision of such section eleven hundred ninety-two\nis an essential element and either:\n (i) that such person provides acceptable documentation to the\ncommissioner that such person has voluntarily enrolled in and\nsuccessfully completed an appropriate rehabilitation program; or\n (ii) that such person is granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law.\n Provided, however, that the commissioner may, on a case by case basis,\nrefuse to restore a license which otherwise would be restored pursuant\nto this item, in the interest of the public safety and welfare.\n (c) For revocations imposed pursuant to clause (a) of this\nsubparagraph, the commissioner may adopt rules to permit conditional or\nrestricted operation of a motor vehicle by any such person after a\nmandatory revocation period of not less than three years subject to such\ncriteria, terms and conditions as established by the commissioner.\n (d) Upon (i) a finding of refusal after having been convicted three\ntimes within four years of a violation of any subdivision of section\neleven hundred ninety-two of this article or of the penal law for which\na violation of any subdivision of such section eleven hundred ninety-two\nis an essential element or any combination of three such convictions not\narising out of the same incident within four years or (ii) a fourth\nconviction of any subdivision of section eleven hundred ninety-two of\nthis article after having been convicted of any such subdivision of such\nsection eleven hundred ninety-two or of the penal law for which a\nviolation of any of such subdivisions of such section eleven hundred\nninety-two is an essential element or any combination of three such\nconvictions not arising out of the same incident within four years or\n(iii) a finding of refusal after having been convicted four times within\neight years of a violation of any subdivision of section eleven hundred\nninety-two of this article or of the penal law for which a violation of\nany of such subdivisions of such section eleven hundred ninety-two is an\nessential element or any combination of four such convictions not\narising out of the same incident within eight years or (iv) a fifth\nconviction of any subdivision of section eleven hundred ninety-two of\nthis article after having been convicted of such subdivision or of the\npenal law for which a violation of any of such subdivisions of such\nsection eleven hundred ninety-two is an essential element or any\ncombination of four such convictions not arising out of the same\nincident within eight years, such revocation shall be permanent.\n (e) The permanent driver's license revocation required by clause (d)\nof this subparagraph may be waived by the commissioner after a period of\neight years has expired since the imposition of such permanent\nrevocation provided:\n (i) that during such eight-year period such person has not been found\nto have refused a chemical test pursuant to section eleven hundred\nninety-four of this article while operating a motor vehicle and has not\nbeen convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article or section five hundred eleven of\nthis chapter or a violation of the penal law for which a violation of\nany such subdivisions of such section eleven hundred ninety-two is an\nessential element; and\n (ii) that such person provides acceptable documentation to the\ncommissioner that such person has voluntarily enrolled in and\nsuccessfully completed an appropriate rehabilitation program; and\n (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n Notwithstanding the provisions of this clause, nothing contained in\nthis clause shall be deemed to require the commissioner to restore a\nlicense to an applicant who otherwise has complied with the requirements\nof this item, in the interest of the public safety and welfare.\n (f) Nothing contained in this subparagraph shall be deemed to reduce a\nlicense revocation period imposed pursuant to any other provision of\nlaw.\n (c) Reissuance of licenses; restrictions. (1) Except as otherwise\nprovided in this paragraph, where a license is revoked pursuant to\nparagraph (b) of this subdivision, no new license shall be issued after\nthe expiration of the minimum period specified in such paragraph, except\nin the discretion of the commissioner.\n (2) Where a license is revoked pursuant to subparagraph two, three or\neight of paragraph (b) of this subdivision for a violation of\nsubdivision four of section eleven hundred ninety-two of this article,\nand where the individual does not have a driver's license or the\nindividual's license was suspended at the time of conviction or youthful\noffender or other juvenile adjudication, the commissioner shall not\nissue a new license nor restore the former license for a period of six\nmonths after such individual would otherwise have become eligible to\nobtain a new license or to have the former license restored; provided,\nhowever, that during such delay period the commissioner may issue a\nrestricted use license pursuant to section five hundred thirty of this\nchapter.\n (3) In no event shall a new license be issued where a person has been\ntwice convicted of a violation of subdivision three, four or four-a of\nsection eleven hundred ninety-two of this article or of driving while\nintoxicated or of driving while ability is impaired by the use of a drug\nor of driving while ability is impaired by the combined influence of\ndrugs or of alcohol and any drug or drugs where physical injury, as\ndefined in section 10.00 of the penal law, has resulted from such\noffense in each instance.\n (d) Suspension or revocation; sentencing. (1) Notwithstanding anything\nto the contrary contained in a certificate of relief from disabilities\nor a certificate of good conduct issued pursuant to article twenty-three\nof the correction law, where a suspension or revocation, other than a\nrevocation required to be issued by the commissioner, is mandatory\npursuant to paragraph (a) or (b) of this subdivision, the magistrate,\njustice or judge shall issue an order suspending or revoking such\nlicense upon sentencing, and the license holder shall surrender such\nlicense to the court. Except as hereinafter provided, such suspension or\nrevocation shall take effect immediately.\n (2) Except where the license holder has been charged with a violation\nof article one hundred twenty or one hundred twenty-five of the penal\nlaw arising out of the same incident or convicted of such violation or a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article within the preceding five years, the judge, justice or\nmagistrate may issue an order making said license suspension or\nrevocation take effect twenty days after the date of sentencing. The\nlicense holder shall be given a copy of said order permitting the\ncontinuation of driving privileges for twenty days after sentencing, if\ngranted by the court. The court shall forward to the commissioner the\ncertificates required in sections five hundred thirteen and five hundred\nfourteen of this chapter, along with a copy of any order issued pursuant\nto this paragraph and the license, within ninety-six hours of\nsentencing.\n (e) Special provisions. (1) Suspension pending prosecution; procedure.\na. Without notice, pending any prosecution, the court shall suspend such\nlicense, where the holder has been charged with a violation of\nsubdivision two, two-a, three, four or four-a of section eleven hundred\nninety-two of this article and either (i) a violation of a felony under\narticle one hundred twenty or one hundred twenty-five of the penal law\narising out of the same incident, or (ii) has been convicted of any\nviolation under section eleven hundred ninety-two of this article within\nthe preceding five years.\n b. The suspension under the preceding clause shall occur no later than\ntwenty days after the holder's first appearance before the court on the\ncharges or at the conclusion of all proceedings required for the\narraignment. In order for the court to impose such suspension it must\nfind that the accusatory instrument conforms to the requirements of\nsection 100.40 of the criminal procedure law and there exists reasonable\ncause to believe that the holder operated a motor vehicle in violation\nof subdivision two, two-a, three, four or four-a of section eleven\nhundred ninety-two of this article and either (i) the person had been\nconvicted of any violation under such section eleven hundred ninety-two\nof this article within the preceding five years; or (ii) that the holder\ncommitted a violation of a felony under article one hundred twenty or\none hundred twenty-five of the penal law. At such time the holder shall\nbe entitled to an opportunity to make a statement regarding the\nenumerated issues and to present evidence tending to rebut the court's\nfindings. Where such suspension is imposed upon a pending charge of a\nviolation of a felony under article one hundred twenty or one hundred\ntwenty-five of the penal law and the holder has requested a hearing\npursuant to article one hundred eighty of the criminal procedure law,\nthe court shall conduct such hearing. If upon completion of the hearing,\nthe court fails to find that there is reasonable cause to believe that\nthe holder committed a felony under article one hundred twenty or one\nhundred twenty-five of the penal law and the holder has not been\npreviously convicted of any violation of section eleven hundred\nninety-two of this article within the preceding five years the court\nshall promptly notify the commissioner and direct restoration of such\nlicense to the license holder unless such license is suspended or\nrevoked pursuant to any other provision of this chapter.\n (2) Bail forfeiture. A license shall be suspended where the holder\nforfeits bail upon a charge of a violation of any subdivision of section\neleven hundred ninety-two of this article. Such suspension shall not be\nterminated until the holder submits to the jurisdiction of the court in\nwhich the bail was forfeited.\n (3) Permanent disqualification from operating certain motor vehicles.\na. Except as otherwise provided herein, in addition to any revocation\nset forth in subparagraph four or five of paragraph (b) of this\nsubdivision, any person sentenced pursuant to subparagraph three of\nparagraph (d) of subdivision one of this section shall be permanently\ndisqualified from operating any vehicle set forth in such paragraph. In\naddition, the commissioner shall not issue such person a license valid\nfor the operation of any vehicle set forth therein by such person. The\ncommissioner may waive such disqualification and prohibition\nhereinbefore provided after a period of five years has expired from such\nsentencing provided:\n (i) that during such five year period such person has not violated any\nof the provisions of section eleven hundred ninety-two of this article\nor any alcohol or drug related traffic offense in this state or in any\njurisdiction outside this state;\n (ii) that such person provides acceptable documentation to the\ncommissioner that such person is not in need of alcohol or drug\ntreatment or has satisfactorily completed a prescribed course of such\ntreatment; and\n (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n b. Any person who holds a commercial driver's license and is convicted\nof a violation of any subdivision of section eleven hundred ninety-two\nof this article who has had a prior finding of refusal to submit to a\nchemical test pursuant to section eleven hundred ninety-four of this\narticle or has had a prior conviction of any of the following offenses:\nany violation of section eleven hundred ninety-two of this article; any\nviolation of subdivision one or two of section six hundred of this\nchapter; or has a prior conviction of any felony involving the use of a\nmotor vehicle pursuant to paragraph (a) of subdivision one of section\nfive hundred ten-a of this chapter, shall be permanently disqualified\nfrom operating a commercial motor vehicle. The commissioner may waive\nsuch disqualification and prohibition hereinbefore provided after a\nperiod of ten years has expired from such sentence provided:\n (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this article while operating a motor vehicle and has not\nbeen convicted of any one of the following offenses while operating a\nmotor vehicle: any violation of section eleven hundred ninety-two of\nthis article; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this chapter;\n (ii) that such person provides acceptable documentation to the\ncommissioner that such person is not in need of alcohol or drug\ntreatment or has satisfactorily completed a prescribed course of such\ntreatment; and\n (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n c. Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n (4) Youthful offenders. Where a youth is determined to be a youthful\noffender, following a conviction of a violation of section eleven\nhundred ninety-two of this article for which a license suspension or\nrevocation is mandatory, the court shall impose such suspension or\nrevocation as is otherwise required upon conviction and, further, shall\nnotify the commissioner of said suspension or revocation and its finding\nthat said violator is granted youthful offender status as is required\npursuant to section five hundred thirteen of this chapter.\n (5) Probation. When a license to operate a motor vehicle has been\nrevoked pursuant to this chapter, and the holder has been sentenced to a\nperiod of probation pursuant to section 65.00 of the penal law for a\nviolation of any provision of this chapter, or any other provision of\nthe laws of this state, and a condition of such probation is that the\nholder thereof not operate a motor vehicle or not apply for a license to\noperate a motor vehicle during the period of such condition of\nprobation, the commissioner may not restore such license until the\nperiod of the condition of probation has expired.\n (6) Application for new license. Where a license has been revoked\npursuant to paragraph (b) of this subdivision, or where the holder is\nsubject to a condition of probation as provided in subparagraph five of\nthis paragraph, application for a new license may be made within\nforty-five days prior to the expiration of such minimum period of\nrevocation or condition of probation, whichever expires last.\n (7) Suspension pending prosecution; excessive blood alcohol content.\na. Except as provided in clause a-1 of this subparagraph, a court shall\nsuspend a driver's license, pending prosecution, of any person charged\nwith a violation of subdivision two, two-a, three or four-a of section\neleven hundred ninety-two of this article who, at the time of arrest, is\nalleged to have had .08 of one percent or more by weight of alcohol in\nsuch driver's blood as shown by chemical analysis of blood, breath,\nurine or saliva, made pursuant to subdivision two or three of section\neleven hundred ninety-four of this article.\n a-1. A court shall suspend a class DJ or MJ learner's permit or a\nclass DJ or MJ driver's license, pending prosecution, of any person who\nhas been charged with a violation of subdivision one, two, two-a and/or\nthree of section eleven hundred ninety-two of this article.\n b. The suspension occurring under clause a of this subparagraph shall\noccur no later than at the conclusion of all proceedings required for\nthe arraignment and the suspension occurring under clause a-1 of this\nsubparagraph shall occur immediately after the holder's first appearance\nbefore the court on the charge which shall, whenever possible, be the\nnext regularly scheduled session of the court after the arrest or at the\nconclusion of all proceedings required for the arraignment; provided,\nhowever, that if the results of any test administered pursuant to\nsection eleven hundred ninety-four of this article are not available\nwithin such time period, the complainant police officer or other public\nservant shall transmit such results to the court at the time they become\navailable, and the court shall, as soon as practicable following the\nreceipt of such results and in compliance with the requirements of this\nsubparagraph, suspend such license. In order for the court to impose\nsuch suspension it must find that the accusatory instrument conforms to\nthe requirements of section 100.40 of the criminal procedure law and\nthere exists reasonable cause to believe either that (a) the holder\noperated a motor vehicle while such holder had .08 of one percent or\nmore by weight of alcohol in his or her blood as was shown by chemical\nanalysis of such person's blood, breath, urine or saliva, made pursuant\nto the provisions of section eleven hundred ninety-four of this article\nor (b) the person was the holder of a class DJ or MJ learner's permit or\na class DJ or MJ driver's license and operated a motor vehicle while\nsuch holder was in violation of subdivision one, two and/or three of\nsection eleven hundred ninety-two of this article. At the time of such\nlicense suspension the holder shall be entitled to an opportunity to\nmake a statement regarding these two issues and to present evidence\ntending to rebut the court's findings.\n c. Nothing contained in this subparagraph shall be construed to\nprohibit or limit a court from imposing any other suspension pending\nprosecution required or permitted by law.\n d. Notwithstanding any contrary provision of this chapter, if any\nsuspension occurring under this subparagraph has been in effect for a\nperiod of thirty days, the holder may be issued a conditional license,\nin accordance with section eleven hundred ninety-six of this article,\nprovided the holder of such license is otherwise eligible to receive\nsuch conditional license. A conditional license issued pursuant to this\nsubparagraph shall not be valid for the operation of a commercial motor\nvehicle. The commissioner shall prescribe by regulation the procedures\nfor the issuance of such conditional license.\n e. If the court finds that the suspension imposed pursuant to this\nsubparagraph will result in extreme hardship, the court must issue such\nsuspension, but may grant a hardship privilege, which shall be issued on\na form prescribed by the commissioner. For the purposes of this clause,\n"extreme hardship" shall mean the inability to obtain alternative means\nof travel to or from the licensee's employment, or to or from necessary\nmedical treatment for the licensee or a member of the licensee's\nhousehold, or if the licensee is a matriculating student enrolled in an\naccredited school, college or university travel to or from such\nlicensee's school, college or university if such travel is necessary for\nthe completion of the educational degree or certificate. The burden of\nproving extreme hardship shall be on the licensee who may present\nmaterial and relevant evidence. A finding of extreme hardship may not be\nbased solely upon the testimony of the licensee. In no event shall\narraignment be adjourned or otherwise delayed more than three business\ndays solely for the purpose of allowing the licensee to present evidence\nof extreme hardship. The court shall set forth upon the record, or\notherwise set forth in writing, the factual basis for such finding. The\nhardship privilege shall permit the operation of a vehicle only for\ntravel to or from the licensee's employment, or to or from necessary\nmedical treatment for the licensee or a member of the licensee's\nhousehold, or if the licensee is a matriculating student enrolled in an\naccredited school, college or university travel to or from such\nlicensee's school, college or university if such travel is necessary for\nthe completion of the educational degree or certificate. A hardship\nprivilege shall not be valid for the operation of a commercial motor\nvehicle.\n (f) Notice of charges to parent or guardian. Notwithstanding the\nprovisions of subdivision two of section eighteen hundred seven of this\nchapter, upon the first scheduled appearance of any person under\neighteen years of age who resides within the household of his or her\nparent or guardian upon a charge of a violation of subdivision one, two\nand/or three of section eleven hundred ninety-two of this article, the\nlocal criminal court before which such first appearance is scheduled\nshall forthwith transmit written notice of such appearance or failure to\nmake such appearance to the parent or guardian of such minor person;\nprovided, however, that if an arraignment and conviction of such person\nfollows such appearance upon the same day, or in case such person waives\narraignment and enters a plea of guilty to the offense as charged in\naccordance with the provisions of section eighteen hundred five of this\nchapter, transmittal of notice of his or her conviction as provided in\nsection five hundred fourteen of this chapter shall be sufficient and\nthe notice required by this paragraph need not be given; provided\nfurther that the failure of a local criminal court to transmit the\nnotice required by this paragraph shall in no manner affect the validity\nof a conviction subsequently obtained.\n