N.Y. VAT. LAW § 1196 : NY Code - Section 1196: Alcohol and drug rehabilitation program

1.  Program
  establishment.  There  is  hereby  established  an  alcohol   and   drug
  rehabilitation  program  within  the  department  of motor vehicles. The
  commissioner shall  establish,  by  regulation,  the  instructional  and
  rehabilitative  aspects of the program. Such program shall consist of at
  least fifteen hours and include, but need not be limited  to,  classroom
  instruction  in  areas  deemed  suitable  by the commissioner. No person
  shall be required to attend or participate in such program or any aspect
  thereof  for  a  period  exceeding  eight   months   except   upon   the
  recommendation of the department of mental hygiene or appropriate health
  officials administering the program on behalf of a municipality.
    2.  Curriculum.  The  form,  content and method of presentation of the
  various  aspects  of  such  program  shall   be   established   by   the
  commissioner.  In the development of the form, curriculum and content of
  such program, the commissioner may  consult  with  the  commissioner  of
  mental  health,  the  director of the division of alcoholism and alcohol
  abuse, the director of the division of substance abuse services and  any
  other state department or agency and request and receive assistance from
  them.  The  commissioner  is  also  authorized  to develop more than one
  curriculum and course content for such program  in  order  to  meet  the
  varying rehabilitative needs of the participants.
    3.  Where available. A course in such program shall be available in at
  least  every  county  in  the  state,  except  where  the   commissioner
  determines  that  there  is  not  a  sufficient  number  of  alcohol  or
  drug-related traffic offenses in a county to mandate  the  establishment
  of  said  course,  and that provisions be made for the residents of said
  county to attend a course in another county where a course exists.
    4. Eligibility. Participation in the program shall be limited to those
  persons convicted of alcohol or drug-related traffic offenses or persons
  who have been adjudicated youthful offenders for alcohol or drug-related
  traffic offenses, or persons  found  to  have  been  operating  a  motor
  vehicle  after  having  consumed  alcohol in violation of section eleven
  hundred ninety-two-a of this article, who choose to participate and  who
  satisfy  the  criteria  and  meet  the requirements for participation as
  established by this section and the regulations promulgated  thereunder;
  provided,  however,  in  the  exercise of discretion, the judge imposing
  sentence may prohibit the defendant from enrolling in such program.  The
  commissioner  or  deputy  may  exercise discretion, to reject any person
  from participation referred to such program and nothing herein contained
  shall be construed as creating a right to be included in any  course  or
  program  established under this section. In addition, no person shall be
  permitted to take part  in  such  program  if,  during  the  five  years
  immediately  preceding  commission of an alcohol or drug-related traffic
  offense  or  a  finding  of  a  violation  of  section  eleven   hundred
  ninety-two-a  of this article, such person has participated in a program
  established pursuant to this article or been convicted of a violation of
  any subdivision of section eleven hundred  ninety-two  of  this  article
  other  than  a  violation  committed  prior  to November first, nineteen
  hundred eighty-eight, for which such person did not participate in  such
  program.  In  the  exercise  of discretion, the commissioner or a deputy
  shall have the right to expel any participant from the program who fails
  to satisfy the requirements for participation in  such  program  or  who
  fails  to  satisfactorily  participate  in  or attend any aspect of such
  program.  Notwithstanding  any  contrary  provisions  of  this  chapter,
  satisfactory participation in and completion of a course in such program
  shall result in the termination of any sentence of imprisonment that may
  have been imposed by reason of a conviction therefor; provided, however,

  that  nothing  contained in this section shall delay the commencement of
  such sentence.
    5.  Effect  of  completion. Except as provided in subparagraph nine of
  paragraph (b) of subdivision two of section eleven hundred  ninety-three
  or  in subparagraph three of paragraph (d) of subdivision two of section
  eleven hundred ninety-four of this article, upon  successful  completion
  of  a  course  in  such  program  as  certified  by its administrator, a
  participant may apply to the commissioner on a form  provided  for  that
  purpose,  for  the  termination  of  the  suspension or revocation order
  issued as a result of the  participant's  conviction  which  caused  the
  participation  in  such  course.  In  the  exercise  of discretion, upon
  receipt of such application, and upon payment of any civil penalties for
  which the applicant may be liable, the  commissioner  is  authorized  to
  terminate  such  order or orders and return the participant's license or
  reinstate the privilege of operating a  motor  vehicle  in  this  state.
  However,  the  commissioner  shall not issue any new license nor restore
  any license where said issuance of restoral is prohibited by subdivision
  two of section eleven hundred ninety-three of this article.
    6. Fees. The commissioner shall establish a schedule  of  fees  to  be
  paid  by  or on behalf of each participant in the program, and may, from
  time to time, modify same. Such fees shall defray the  ongoing  expenses
  of  the  program.  Provided, however, that pursuant to an agreement with
  the department a municipality, department thereof, or other  agency  may
  conduct a course in such program with all or part of the expense of such
  course  and  program  being  borne  by  such municipality, department or
  agency. In no event shall such fee be refundable, either for reasons  of
  the   participant's   withdrawal  or  expulsion  from  such  program  or
  otherwise.
    7. Conditional license. (a) Notwithstanding any inconsistent provision
  of this chapter, participants in the  program,  except  those  penalized
  under  paragraph  (d)  of  subdivision  one  of  section  eleven hundred
  ninety-three of this article  for  any  violation  of  subdivision  two,
  three,  or  four  of  section eleven hundred ninety-two of this article,
  may, in the commissioner's discretion, be issued a conditional  driver's
  license,  or  if  the holder of a license issued by another jurisdiction
  valid for operation in this state, a conditional privilege of  operating
  a  motor  vehicle in this state. Such a conditional license or privilege
  shall be valid only for use, by the holder thereof, (1) enroute  to  and
  from  the  holder's  place of employment, (2) if the holder's employment
  requires the operation of a motor vehicle then during the hours thereof,
  (3) enroute to and from a class or an activity which  is  an  authorized
  part  of  the  alcohol  and drug rehabilitation program and at which his
  attendance is required, (4) enroute to and from a class or course at  an
  accredited  school,  college  or  university  or  at  a  state  approved
  institution of vocational or technical training, (5) to  or  from  court
  ordered probation activities, (6) to and from a motor vehicle office for
  the transaction of business relating to such license or program, (7) for
  a three hour consecutive daytime period, chosen by the administrators of
  the  program,  on  a  day during which the participant is not engaged in
  usual employment  or  vocation,  (8)  enroute  to  and  from  a  medical
  examination  or  treatment  as part of a necessary medical treatment for
  such participant or member of the participant's household, as  evidenced
  by   a  written  statement  to  that  effect  from  a  licensed  medical
  practitioner, and (9) enroute to and from a place, including  a  school,
  at  which  a  child or children of the holder are cared for on a regular
  basis and which is necessary for the holder to  maintain  such  holder's
  employment  or enrollment at an accredited school, college or university
  or at a state approved institution of vocational or technical  training.

  Such  license or privilege shall remain in effect during the term of the
  suspension or revocation  of  the  participant's  license  or  privilege
  unless earlier revoked by the commissioner.
    (b) The conditional license or privilege described in paragraph (a) of
  this  subdivision shall be in a form prescribed by the commissioner, and
  shall have indicated thereon the conditions imposed by such paragraph.
    (c) Upon receipt of a conditional  license  issued  pursuant  to  this
  section,  any order issued by a judge, justice or magistrate pursuant to
  paragraph (c) of subdivision two of section eleven hundred  ninety-three
  of this article shall be surrendered to the department.
    (d)  The  commissioner  shall  require  applicants  for  a conditional
  license to pay a fee of seventy-five dollars for processing costs.  Such
  fees  assessed  under this subdivision shall be paid to the commissioner
  for deposit to the general fund and shall be in  addition  to  any  fees
  established  by  the  commissioner  pursuant  to subdivision six of this
  section to defray the costs  of  the  alcohol  and  drug  rehabilitation
  program.
    (e)   The   conditional   license  or  privileges  described  in  this
  subdivision may be revoked by the  commissioner,  for  sufficient  cause
  including,  but  not  limited  to,  failure  to register in the program,
  failure  to  attend  or  satisfactorily  participate  in  the  sessions,
  conviction  of  any traffic infraction other than one involving parking,
  stopping or standing  or  conviction  of  any  alcohol  or  drug-related
  traffic  offense,  misdemeanor  or felony. In addition, the commissioner
  shall have the right, after a hearing, to revoke the conditional license
  or privilege upon receiving notification or evidence that  the  offender
  is  not  attempting in good faith to accept rehabilitation. In the event
  of such revocation, the fee described in subdivision six of this section
  shall not be refunded.
    (f) It shall be a traffic infraction for the holder of  a  conditional
  license  or  privilege  to operate a motor vehicle upon a public highway
  for any use other than those authorized pursuant  to  paragraph  (a)  of
  this  subdivision.  When  a  person  is  convicted  of this offense, the
  sentence of the court must be a  fine  of  not  less  than  two  hundred
  dollars  nor more than five hundred dollars or a term of imprisonment of
  not  more  than  fifteen  days  or  both  such  fine  and  imprisonment.
  Additionally,  the  conditional  license or privileges described in this
  subdivision  shall  be  revoked  by  the  commissioner  upon   receiving
  notification  from  the court that the holder thereof has been convicted
  of this offense.
    (g)  Notwithstanding  anything  to  the  contrary   contained   in   a
  certificate  of  relief  from  disabilities  issued  pursuant to article
  twenty-three of the correction law, any conditional license or privilege
  issued to a person convicted  of  a  violation  of  any  subdivision  of
  section eleven hundred ninety-two of this article shall not be valid for
  the  operation  of  any  commercial  motor vehicle. In addition, no such
  conditional license or privilege shall be valid for the operation  of  a
  taxicab as defined in this chapter.
    (h)  Notwithstanding  any  inconsistent provision of this chapter, the
  conditional license described  in  this  subdivision  may,  pursuant  to
  regulations established by the commissioner, be issued to a person whose
  license  has been suspended pending prosecution pursuant to subparagraph
  seven of paragraph (e) of subdivision  two  of  section  eleven  hundred
  ninety-three of this article.