N.Y. VAT. LAW § 1193 : NY Code - Section 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  or
  while  ability impaired by the combined influence of drugs or of alcohol
  and any drug or drugs; aggravated driving while intoxicated; misdemeanor
  offenses. A violation of subdivision  two,  three,  four  or  four-a  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. A violation of subdivision two-a of section eleven hundred
  ninety-two  of  this  article  shall  be  a  misdemeanor  and  shall  be
  punishable by a fine of not less than one thousand dollars nor more than
  two thousand five hundred dollars or by imprisonment in  a  penitentiary
  or  county  jail  for  not  more than one year, or by both such fine and
  imprisonment. In addition to the imposition of any  fine  or  period  of
  imprisonment  set  forth in this paragraph, the court shall require that
  any person who has been convicted of a violation of subdivision two-a of
  section eleven hundred ninety-two of this article and who  is  sentenced
  to  a  period  of  probation, to install and maintain, as a condition of
  such  probation  and  in  accordance   with   section   eleven   hundred
  ninety-eight of this article, a functioning ignition interlock device in
  any  vehicle  owned  or  operated  by the person during the term of such
  probation; provided, however, the court may not authorize the  operation
  of a motor vehicle by any person whose license or privilege to operate a
  motor  vehicle  has  been  revoked  pursuant  to  the provisions of this
  section.
    (c) Felony offenses.  (i) A person who operates a vehicle in violation
  of subdivision two, two-a, three,  four  or  four-a  of  section  eleven
  hundred  ninety-two  of  this  article  after having been convicted of a
  violation of subdivision two, two-a,  three,  four  or  four-a  of  such
  section  or  of  vehicular  assault  in  the  second or first degree, as
  defined, respectively, in sections  120.03  and  120.04  and  aggravated
  vehicular  assault as defined in section 120.04-a of the penal law or of
  vehicular manslaughter in  the  second  or  first  degree,  as  defined,
  respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
  homicide as defined in section 125.14 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,
  two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
  this  article  after having been convicted of a violation of subdivision
  two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
  assault  in  the  second  or  first degree, as defined, respectively, in
  sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
  in section 120.04-a of the penal law or of vehicular manslaughter in the
  second or first degree, as defined, respectively, in sections 125.12 and
  125.13 and aggravated vehicular homicide as defined in section 125.14 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, four or four-a 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.  A  violation  of  subdivision two-a 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 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.
    (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,  four-a  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
  registerable 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, four or four-a 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, two-a, three, four, four-a 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. A violation of subdivision two-a of section eleven hundred
  ninety-two   of  this  article  wherein  the  violator  is  operating  a
  commercial  motor  vehicle,  or  any   motor   vehicle   registered   or
  registerable  under  schedule  F  of  subdivision  seven of section four
  hundred one of this chapter 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.
    (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,  two-a,  three,  four  or  four-a  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, two-a, three, four,  four-a  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,  two-a,  three, four or four-a 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,  two-a,  three, four, four-a 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, four or four-a 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.  A  violation  of  subdivision two-a 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 D felony 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.
    (5) A violation of subdivision two, three, four or four-a  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. A violation of subdivision two-a 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 D felony punishable by a fine
  of not less than two thousand nor more than  ten  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 of this 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 in any motor vehicle owned or operated 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  or  substance abuse and
  dependency  pursuant  to  the  provisions  of  section  eleven   hundred
  ninety-eight-a of this article. Where such assessment indicates the need
  for  treatment,  such  court  is  authorized  to  impose  treatment as a
  condition of such sentence except that such court shall impose treatment
  as a condition of a  sentence  of  probation  or  conditional  discharge
  pursuant  to  the  provisions  of  subdivision  three  of section eleven
  hundred ninety-eight-a of this article. Any person ordered to install an
  ignition interlock device pursuant to this paragraph shall be subject to
  the provisions of subdivisions four, five,  seven,  eight  and  nine  of
  section eleven hundred ninety-eight of this article.
    (d)  Confidentiality  of records. The provisions of subdivision six of
  section eleven hundred ninety-eight-a of this article shall apply to the
  records and content of all assessments and treatment conducted  pursuant
  to this subdivision.
    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 or
  while ability impaired by the combined influence of drugs or of  alcohol
  and any drug or drugs; aggravated driving while intoxicated. Six months,
  where  the holder is convicted of a violation of subdivision two, three,
  four or four-a of section eleven hundred ninety-two of this article. One
  year where the holder is convicted of a violation of  subdivision  two-a
  of section eleven hundred ninety-two of this article.
    (3)  Driving  while  intoxicated or while ability impaired by drugs or
  while ability impaired by the combined influence of drugs or of  alcohol
  and  any  drug  or  drugs;  aggravated  driving while intoxicated; prior
  offense. One year, where the holder  is  convicted  of  a  violation  of
  subdivision  two,  three,  four  or  four-a  of  section  eleven hundred
  ninety-two of this article committed within ten years  of  a  conviction
  for  a  violation  of  subdivision two, three, four or four-a of section
  eleven hundred ninety-two of this article. Eighteen  months,  where  the
  holder  is  convicted  of  a  violation  of subdivision two-a of section
  eleven hundred ninety-two of this article committed within ten years  of
  a  conviction  for a violation of subdivision two, two-a, three, four or
  four-a of section eleven hundred ninety-two of this  article;  or  where
  the  holder  is convicted of a violation of subdivision two, three, four

  or four-a of section eleven hundred ninety-two of this article committed
  within ten years of a conviction for a violation of subdivision two-a 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, 2011
    * (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, 2011
    (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.
    (12) Permanent revocation. (a) Notwithstanding any other provision  of
  this  chapter  to  the contrary, whenever a revocation is imposed upon a
  person for the refusal to submit to a  chemical  test  pursuant  to  the
  provisions  of  section  eleven  hundred  ninety-four of this article or
  conviction for any violation of section  eleven  hundred  ninety-two  of
  this  article  for  which a sentence of imprisonment may be imposed, and
  such person has: (i) within the previous four years been twice convicted
  of any provisions of section eleven hundred ninety-two of  this  article
  or  a  violation  of the penal law for which a violation of such section
  eleven hundred ninety-two is an essential element and at least one  such

  conviction  was  for a crime, or has twice been found to have refused to
  submit to a chemical test pursuant to section eleven hundred ninety-four
  of this article, or has any combination  of  two  such  convictions  and
  findings of refusal not arising out of the same incident; or (ii) within
  the  previous eight years been convicted three times of any provision of
  section eleven hundred ninety-two of this article for which  a  sentence
  of imprisonment may be imposed or a violation of the penal law for which
  a  violation  of  such section eleven hundred ninety-two is an essential
  element and at least two such convictions were for crimes, or  has  been
  found,  on  three  separate  occasions,  to  have refused to submit to a
  chemical test pursuant to section eleven  hundred  ninety-four  of  this
  article,  or  has  any  combination  of such convictions and findings of
  refusal not arising out of the same incident, such revocation  shall  be
  permanent.
    (b)  The  permanent driver's license revocation required by clause (a)
  of this subparagraph shall be waived by the commissioner after a  period
  of  five  years  has  expired  since  the  imposition  of such permanent
  revocation, provided that during such five-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 a violation of any subdivision of
  section eleven hundred  ninety-two  of  this  article  or  section  five
  hundred eleven of this chapter or a violation of the penal law for which
  a violation of any subdivision of such section eleven hundred ninety-two
  is an essential element and either:
    (i)   that  such  person  provides  acceptable  documentation  to  the
  commissioner  that  such  person  has  voluntarily   enrolled   in   and
  successfully completed an appropriate rehabilitation program; or
    (ii)  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 sentenced.
    Provided, however, that the commissioner may, on a case by case basis,
  refuse  to  restore a license which otherwise would be restored pursuant
  to this item, in the interest of the public safety and welfare.
    (c)  For  revocations  imposed  pursuant  to  clause   (a)   of   this
  subparagraph,  the commissioner may adopt rules to permit conditional or
  restricted operation of a motor vehicle  by  any  such  person  after  a
  mandatory revocation period of not less than three years subject to such
  criteria, terms and conditions as established by the commissioner.
    (d)  Upon  (i)  a finding of refusal after having been convicted three
  times within four years of a violation of  any  subdivision  of  section
  eleven  hundred ninety-two of this article or of the penal law for which
  a violation of any subdivision of such section eleven hundred ninety-two
  is an essential element or any combination of three such convictions not
  arising out of the same incident within four  years  or  (ii)  a  fourth
  conviction  of  any  subdivision of section eleven hundred ninety-two of
  this article after having been convicted of any such subdivision of such
  section eleven hundred ninety-two or  of  the  penal  law  for  which  a
  violation  of  any  of  such subdivisions of such section eleven hundred
  ninety-two is an essential element or  any  combination  of  three  such
  convictions  not  arising  out of the same incident within four years or
  (iii) a finding of refusal after having been convicted four times within
  eight years of a violation of any subdivision of section eleven  hundred
  ninety-two  of this article or of the penal law for which a violation of
  any of such subdivisions of such section eleven hundred ninety-two is an
  essential element or  any  combination  of  four  such  convictions  not
  arising  out  of  the  same  incident within eight years or (iv) a fifth
  conviction of any subdivision of section eleven  hundred  ninety-two  of

  this  article  after having been convicted of such subdivision or of the
  penal law for which a violation of any  of  such  subdivisions  of  such
  section  eleven  hundred  ninety-two  is  an  essential  element  or any
  combination  of  four  such  convictions  not  arising  out  of the same
  incident within eight years, such revocation shall be permanent.
    (e) The permanent driver's license revocation required by  clause  (d)
  of this subparagraph may be waived by the commissioner after a period of
  eight   years  has  expired  since  the  imposition  of  such  permanent
  revocation provided:
    (i) that during such eight-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  a  violation  of  any subdivision of section eleven
  hundred ninety-two of this article or section  five  hundred  eleven  of
  this  chapter  or  a violation of the penal law for which a violation of
  any such subdivisions of such section eleven hundred  ninety-two  is  an
  essential element; and
    (ii)  that  such  person  provides  acceptable  documentation  to  the
  commissioner  that  such  person  has  voluntarily   enrolled   in   and
  successfully completed an appropriate rehabilitation program; 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 sentenced.
    Notwithstanding the provisions of this clause,  nothing  contained  in
  this  clause  shall  be  deemed to require the commissioner to restore a
  license to an applicant who otherwise has complied with the requirements
  of this item, in the interest of the public safety and welfare.
    (f) Nothing contained in this subparagraph shall be deemed to reduce a
  license revocation period imposed pursuant to  any  other  provision  of
  law.
    * (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, four or four-a 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
  or  of  driving  while  ability is impaired by the combined influence of
  drugs or of alcohol and any drug or  drugs  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, 2011

    * (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,  four  or
  four-a  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 or of driving while ability is impaired  by  the  combined
  influence  of  drugs  or of alcohol and any drug or drugs 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, 2011
    (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, two-a, three, four or four-a 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, two-a, three,  four  or  four-a  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, two-a, three or four-a  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, two-a  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. A conditional license issued pursuant to  this
  subparagraph  shall not be valid for the operation of a commercial motor
  vehicle. 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. A hardship
  privilege shall not be valid for the operation  of  a  commercial  motor
  vehicle.
    * NB Repealed October 1, 2011
    (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.