N.Y. VAT. LAW § 1192 : NY Code - Section 1192: Operating a motor vehicle while under the influence of alcohol or drugs

Search N.Y. VAT. LAW § 1192 : NY Code - Section 1192: Operating a motor vehicle while under the influence of alcohol or drugs

1. Driving while ability impaired. No person shall operate a
  motor vehicle while the person's ability to operate such  motor  vehicle
  is impaired by the consumption of alcohol.
    2.  Driving while intoxicated; per se. No person shall operate a motor
  vehicle while such person has .08 of one per centum or more by weight of
  alcohol in the person's blood as 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.
    2-a.  Aggravated  driving  while  intoxicated; per se. No person shall
  operate a motor vehicle while such person has .18 of one per  centum  or
  more  by  weight  of alcohol in such person's blood as 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.
    3.  Driving while intoxicated. No person shall operate a motor vehicle
  while in an intoxicated condition.
    4. Driving while ability impaired by drugs. No person shall operate  a
  motor vehicle while the person's ability to operate such a motor vehicle
  is impaired by the use of a drug as defined in this chapter.
    4-a. Driving while ability impaired by the combined influence of drugs
  or  of  alcohol  and  any drug or drugs. No person shall operate a motor
  vehicle while the person's ability to  operate  such  motor  vehicle  is
  impaired  by  the combined influence of drugs or of alcohol and any drug
  or drugs.
    5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
  provisions  of  section  eleven  hundred ninety-five of this article, no
  person shall operate a commercial motor vehicle while  such  person  has
  .04 of one per centum or more but not more than .06 of one per centum by
  weight of alcohol in the person's blood as 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;
  provided,  however, nothing contained in this subdivision shall prohibit
  the imposition of a charge of a violation of  subdivision  one  of  this
  section, or of section eleven hundred ninety-two-a of this article where
  a person under the age of twenty-one operates a commercial motor vehicle
  where  a  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, indicates that such operator has .02 of one
  per  centum  or  more  but  less than .04 of one per centum by weight of
  alcohol in such operator's blood.
    6. Commercial motor vehicles; per se - level II.  Notwithstanding  the
  provisions  of  section  eleven  hundred ninety-five of this article, no
  person shall operate a commercial motor vehicle while  such  person  has
  more  than  .06 of one per centum but less than .08 of one per centum by
  weight of alcohol in the person's blood as 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;
  provided, however, nothing contained in this subdivision shall  prohibit
  the  imposition  of  a  charge of a violation of subdivision one of this
  section.
    7. Where applicable. The provisions of this section shall  apply  upon
  public  highways,  private  roads  open to motor vehicle traffic and any
  other parking lot. For the purposes of this section "parking lot"  shall
  mean  any  area or areas of private property, including a driveway, near
  or contiguous to and provided in connection with premises and used as  a
  means of access to and egress from a public highway to such premises and
  having  a  capacity  for the parking of four or more motor vehicles. The
  provisions of this section shall not apply  to  any  area  or  areas  of

  private property comprising all or part of property on which is situated
  a one or two family residence.
    8.  Effect  of  prior  out-of-state  conviction.  A prior out-of-state
  conviction for operating a motor vehicle while under  the  influence  of
  alcohol or drugs shall be deemed to be a prior conviction of a violation
  of this section for purposes of determining penalties imposed under this
  section  or  for  purposes  of  any administrative action required to be
  taken pursuant to subdivision two of section eleven hundred ninety-three
  of this article; provided, however, that such conduct, had  it  occurred
  in  this state, would have constituted a misdemeanor or felony violation
  of any of the provisions of this section.  Provided,  however,  that  if
  such  conduct,  had  it occurred in this state, would have constituted a
  violation of any provisions of this section which are not misdemeanor or
  felony offenses, then such  conduct  shall  be  deemed  to  be  a  prior
  conviction  of  a  violation  of  subdivision  one  of  this section for
  purposes of determining penalties imposed  under  this  section  or  for
  purposes  of  any administrative action required to be taken pursuant to
  subdivision two of section eleven hundred ninety-three of this article.
    8-a. Effect of prior finding  of  having  consumed  alcohol.  A  prior
  finding  that  a person under the age of twenty-one has operated a motor
  vehicle after having consumed alcohol pursuant to section eleven hundred
  ninety-four-a of this article shall have the  same  effect  as  a  prior
  conviction  of a violation of subdivision one of this section solely for
  the purpose of determining the  length  of  any  license  suspension  or
  revocation  required  to be imposed under any provision of this article,
  provided  that  the  subsequent  offense  is  committed  prior  to   the
  expiration  of  the  retention period for such prior offense or offenses
  set forth in paragraph (k) of subdivision one of section two hundred one
  of this chapter.
    9. Conviction of a different charge. A driver may be  convicted  of  a
  violation   of   subdivision   one,   two  or  three  of  this  section,
  notwithstanding  that  the  charge  laid  before  the  court  alleged  a
  violation of subdivision two or three of this section, and regardless of
  whether or not such conviction is based on a plea of guilty.
    10.  Plea bargain limitations.  (a) (i) In any case wherein the charge
  laid before the court alleges a violation  of  subdivision  two,  three,
  four or four-a of this section, any plea of guilty thereafter entered in
  satisfaction  of  such  charge must include at least a plea of guilty to
  the violation of the provisions of  one  of  the  subdivisions  of  this
  section, other than subdivision five or six, and no other disposition by
  plea  of guilty to any other charge in satisfaction of such charge shall
  be  authorized;  provided,  however,  if  the  district  attorney,  upon
  reviewing  the  available  evidence,  determines  that  the  charge of a
  violation of this section is not warranted, such district  attorney  may
  consent,  and  the  court  may  allow a disposition by plea of guilty to
  another charge in satisfaction of such charge; provided, however, in all
  such cases, the court shall set forth upon the record the basis for such
  disposition.
    (ii) In any case wherein the charge laid before the  court  alleges  a
  violation  of subdivision two, three, four or four-a of this section, no
  plea of guilty to subdivision one of this section shall be  accepted  by
  the  court  unless  such  plea  includes  as  a  condition  thereof  the
  requirement that the defendant attend and complete the alcohol and  drug
  rehabilitation  program  established  pursuant to section eleven hundred
  ninety-six of this  article,  including  any  assessment  and  treatment
  required thereby; provided, however, that such requirement may be waived
  by  the court upon application of the district attorney or the defendant
  demonstrating that the defendant, as a condition of the plea,  has  been

  required to enter into and complete an alcohol or drug treatment program
  prescribed  pursuant  to  an  alcohol  or  substance  abuse screening or
  assessment conducted pursuant to section eleven  hundred  ninety-eight-a
  of  this  article  or for other good cause shown. The provisions of this
  subparagraph shall apply, notwithstanding any bars to  participation  in
  the  alcohol and drug rehabilitation program set forth in section eleven
  hundred ninety-six of this article; provided, however, that  nothing  in
  this  paragraph  shall  authorize  the issuance of a conditional license
  unless otherwise authorized by law.
    (iii) In any case wherein the charge laid before the court  alleges  a
  violation  of subdivision one of this section and the operator was under
  the age of twenty-one at the time of such violation, any plea of  guilty
  thereafter  entered in satisfaction of such charge must include at least
  a plea of  guilty  to  the  violation  of  such  subdivision;  provided,
  however,  such  charge may instead be satisfied as provided in paragraph
  (c) of this subdivision, and, provided further  that,  if  the  district
  attorney,  upon  reviewing  the  available evidence, determines that the
  charge of a  violation  of  subdivision  one  of  this  section  is  not
  warranted, such district attorney may consent, and the court may allow a
  disposition  by plea of guilty to another charge in satisfaction of such
  charge; provided, however, in all such cases, the court shall set  forth
  upon the record the basis for such disposition.
    (b)  In  any  case  wherein the charge laid before the court alleges a
  violation of subdivision one or six of this section  while  operating  a
  commercial  motor  vehicle,  any  plea  of  guilty thereafter entered in
  satisfaction of such charge must include at least a plea  of  guilty  to
  the  violation  of  the  provisions  of  one of the subdivisions of this
  section and no other disposition by plea of guilty to any  other  charge
  in  satisfaction  of such charge shall be authorized; provided, however,
  if  the  district  attorney  upon  reviewing  the   available   evidence
  determines  that  the  charge  of  a  violation  of  this section is not
  warranted, he may consent, and the court may  allow,  a  disposition  by
  plea of guilty to another charge is satisfaction of such charge.
    (c)  Except  as  provided in paragraph (b) of this subdivision, in any
  case wherein the charge laid before the court  alleges  a  violation  of
  subdivision  one  of  this  section by a person who was under the age of
  twenty-one at the time of commission of the offense, the court, with the
  consent of both parties, may allow the satisfaction of  such  charge  by
  the  defendant's  agreement  to be subject to action by the commissioner
  pursuant to section eleven hundred ninety-four-a of this article. In any
  such case, the defendant shall  waive  the  right  to  a  hearing  under
  section  eleven  hundred  ninety-four-a  of this article and such waiver
  shall have the same force and effect as a  finding  of  a  violation  of
  section  eleven  hundred  ninety-two-a  of  this article entered after a
  hearing conducted pursuant to such section eleven hundred ninety-four-a.
  The  defendant  shall  execute  such  waiver  in  open  court,  and,  if
  represented by counsel, in the presence of his attorney, on a form to be
  provided  by  the commissioner, which shall be forwarded by the court to
  the commissioner within ninety-six hours. To be valid, such form  shall,
  at  a  minimum,  contain  clear  and  conspicuous  language advising the
  defendant that a duly executed waiver: (i) has the same force and effect
  as a guilty finding following  a  hearing  pursuant  to  section  eleven
  hundred  ninety-four-a of this article; (ii) shall subject the defendant
  to the imposition of sanctions pursuant to such section  eleven  hundred
  ninety-four-a;   and  (iii)  may  subject  the  defendant  to  increased
  sanctions upon a subsequent violation of this section or section  eleven
  hundred  ninety-two-a  of  this article. Upon receipt of a duly executed
  waiver pursuant to this paragraph,  the  commissioner  shall  take  such

  administrative  action  and  impose such sanctions as may be required by
  section eleven hundred ninety-four-a of this article.
    (d)  In  any  case  wherein the charge laid before the court alleges a
  violation of subdivision two-a of  this  section,  any  plea  of  guilty
  thereafter  entered in satisfaction of such charge must include at least
  a plea of guilty to the violation of the provisions of subdivision  two,
  two-a  or  three  of  this  section, and no other disposition by plea of
  guilty to any other charge in  satisfaction  of  such  charge  shall  be
  authorized;  provided, however, if the district attorney, upon reviewing
  the available evidence, determines that the charge  of  a  violation  of
  this  section  is  not warranted, such district attorney may consent and
  the court may allow a disposition by plea of guilty to another charge in
  satisfaction of such charge, provided, however, in all such  cases,  the
  court  shall  set  forth upon the record the basis for such disposition.
  Provided, further, however, that no such plea shall be accepted  by  the
  court  unless  such plea includes as a condition thereof the requirement
  that  the  defendant  attend  and  complete   the   alcohol   and   drug
  rehabilitation  program  established  pursuant to section eleven hundred
  ninety-six of this  article,  including  any  assessment  and  treatment
  required thereby; provided, however, that such requirement may be waived
  by  the court upon application of the district attorney or the defendant
  demonstrating that the defendant, as a condition of the plea,  has  been
  required to enter into and complete an alcohol or drug treatment program
  prescribed  pursuant  to  an  alcohol  or  substance  abuse screening or
  assessment conducted pursuant to section eleven  hundred  ninety-eight-a
  of  this  article  or for other good cause shown. The provisions of this
  paragraph shall apply, notwithstanding any bars to participation in  the
  alcohol  and  drug  rehabilitation  program  set forth in section eleven
  hundred ninety-six of this article; provided, however, that  nothing  in
  this  paragraph  shall  authorize  the issuance of a conditional license
  unless otherwise authorized by law.
    11. No person other than an operator of a commercial motor vehicle may
  be charged with or convicted of a violation of subdivision five  or  six
  of this section.
    12.   Driving   while   intoxicated   or  while  ability  impaired  by
  drugs--serious physical injury or death. In every case where a person is
  charged with a violation of  subdivision  two,  two-a,  three,  four  or
  four-a of this section, the law enforcement officer alleging such charge
  shall make a clear notation in the "Description of Violation" section of
  a  simplified  traffic information if, arising out of the same incident,
  someone other than the person charged was  killed  or  suffered  serious
  physical  injury  as  defined  in  section  10.00 of the penal law; such
  notation shall be in the form of a "D" if someone other than the  person
  charged  was killed and such notation shall be in the form of a "S.P.I."
  if someone other than  the  person  charged  suffered  serious  physical
  injury;  provided, however, that the failure to make such notation shall
  in no way affect a charge for a violation  of  subdivision  two,  two-a,
  three, four or four-a of this section.