N.Y. Vehicle & Traffic Law § 1193: Sanctions

§ 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. (i) 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 paragraph (a) 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.

(ii) In addition to the imposition of any fine or period of

imprisonment set forth in this paragraph, the court shall also sentence

such person convicted of, or adjudicated a youthful offender for, a

violation of subdivision two, two-a or three of section eleven hundred

ninety-two of this article to a term of probation or conditional

discharge, as a condition of which it shall order such person to install

and maintain, in accordance with the provisions of section eleven

hundred ninety-eight of this article, an ignition interlock device in

any motor vehicle owned or operated by such person during the term of

such probation or conditional discharge imposed for such violation of

section eleven hundred ninety-two of this article and in no event for a

period of less than twelve months; provided, however, that such period

of interlock restriction shall terminate upon submission of proof that

such person installed and maintained an ignition interlock device for at

least six months, unless the court ordered such person to install and

maintain an ignition interlock device for a longer period as authorized

by this subparagraph and specified in such order. The period of

interlock restriction shall commence from the earlier of the date of

sentencing, or the date that an ignition interlock device was installed

in advance of sentencing. 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 (A) 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, or (B) in violation of paragraph (b) of subdivision two-a of

section eleven hundred ninety-two of this article 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.

(ii-a) 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, three or more times within the preceding

fifteen 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.

(iii) In addition to the imposition of any fine or period of

imprisonment set forth in this paragraph, the court shall also sentence

such person convicted of, or adjudicated a youthful offender for, a

violation of subdivision two, two-a or three of section eleven hundred

ninety-two of this article to a period of probation or conditional

discharge, as a condition of which it shall order such person to install

and maintain, in accordance with the provisions of section eleven

hundred ninety-eight of this article, an ignition interlock device in

any motor vehicle owned or operated by such person during the term of

such probation or conditional discharge imposed for such violation of

section eleven hundred ninety-two of this article and in no event for a

period of less than twelve months; provided, however, that such period

of interlock restriction shall terminate upon submission of proof that

such person installed and maintained an ignition interlock device for at

least six months, unless the court ordered such person to install and

maintain a ignition interlock device for a longer period as authorized

by this subparagraph and specified in such order. The period of

interlock restriction shall commence from the earlier of the date of

sentencing, or the date that an ignition interlock device was installed

in advance of sentencing. 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.

(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.

(g) The office of probation and correctional alternatives shall

recommend to the commissioner of the division of criminal justice

services regulations governing the monitoring of compliance by persons

ordered to install and maintain ignition interlock devices to provide

standards for monitoring by departments of probation, and options for

monitoring of compliance by such persons, that counties may adopt as an

alternative to monitoring by a department of probation.

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.

(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 or a certificate of good conduct pursuant to article

twenty-three of the correction law.

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 or a certificate of

good conduct pursuant to article twenty-three of the correction law.

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.

(d) Suspension or revocation; sentencing. (1) Notwithstanding anything

to the contrary contained in a certificate of relief from disabilities

or a certificate of good conduct 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 or a certificate of

good conduct pursuant to article twenty-three of the correction law.

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 or a certificate of

good conduct pursuant to article twenty-three of the correction law.

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.

(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.