N.Y. Penal Law § 120.04: Vehicular assault in the first degree

§ 120.04 Vehicular assault in the first degree.

A person is guilty of vehicular assault in the first degree when he or

she commits the crime of vehicular assault in the second degree as

defined in section 120.03 of this article, and either:

(1) commits such crime while operating 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 the vehicle and traffic law;

(2) commits such crime while knowing or having reason to know that:

(a) his or her license or his or her privilege of operating a motor

vehicle in another state or his or her privilege of obtaining a license

to operate a motor vehicle in another state is suspended or revoked and

such suspension or revocation is based upon a conviction in such other

state for an offense which would, if committed in this state, constitute

a violation of any of the provisions of section eleven hundred

ninety-two of the vehicle and traffic law; or (b) his or her license or

his or her privilege of operating a motor vehicle in the state or his or

her privilege of obtaining a license issued by the commissioner of motor

vehicles is suspended or revoked and such suspension or revocation is

based upon either a refusal to submit to a chemical test pursuant to

section eleven hundred ninety-four of the vehicle and traffic law or

following a conviction for a violation of any of the provisions of

section eleven hundred ninety-two of the vehicle and traffic law;

(3) has previously been convicted of violating any of the provisions

of section eleven hundred ninety-two of the vehicle and traffic law

within the preceding ten years, provided that, for the purposes of this

subdivision, a conviction in any other state or jurisdiction for an

offense which, if committed in this state, would constitute a violation

of section eleven hundred ninety-two of the vehicle and traffic law,

shall be treated as a violation of such law;

(4) causes serious physical injury to more than one other person;

(5) has previously been convicted of violating any provision of this

article or article one hundred twenty-five of this title involving the

operation of a motor vehicle, or was convicted in any other state or

jurisdiction of an offense involving the operation of a motor vehicle

which, if committed in this state, would constitute a violation of this

article or article one hundred twenty-five of this title;

(6) commits such crime while operating a motor vehicle while a child

who is fifteen years of age or less is a passenger in such motor vehicle

and causes serious physical injury to such child; or

(7) commits such crime while operating a vessel in violation of

paragraph (e-1) of subdivision two of section forty-nine-a of the

navigation law while a child who is fifteen years of age or less is a

passenger in such vessel and causes serious physical injury to such

child.

If it is established that the person operating such motor vehicle

caused such serious physical injury or injuries while unlawfully

intoxicated or impaired by the use of alcohol or a drug, or by the

combined influence of drugs or of alcohol and any drug or drugs, then

there shall be a rebuttable presumption that, as a result of such

intoxication or impairment by the use of alcohol or a drug, or by the

combined influence of drugs or of alcohol and any drug or drugs, such

person operated the motor vehicle in a manner that caused such serious

physical injury or injuries, as required by this section and section

120.03 of this article.

Vehicular assault in the first degree is a class D felony.