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Vehicle and Traffic Law

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Article 31 - NY Vehicle and Traffic Law

ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES

Section Description
1192 Operating a motor vehicle while under the influence of alcohol or drugs.
1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se.
1193 Sanctions.
1194 Arrest and testing.
1194-a Driving after having consumed alcohol; under twenty-one; procedure.
1195 Chemical test evidence.
1196 Alcohol and drug rehabilitation program.
1197 Special traffic options program for driving while intoxicated.
1198 Installation and operation of ignition interlock devices.
1198-a Special procedures and disposition involving alcohol and substance abuse assessment and treatment.
1199 Driver responsibility assessment.
 Penalties for Alcohol or Drug-Related Violations in NYS
S 1192. Operating a motor vehicle while under the influence of alcohol
or drugs.  1. Driving while ability impaired. No person shall operate a
  motor vehicle while the person's ability to operate such  motor  vehicle
  is impaired by the consumption of alcohol.
    2.  Driving while intoxicated; per se. No person shall operate a motor
  vehicle while such person has .08 of one per centum or more by weight of
  alcohol in the person's blood as shown  by  chemical  analysis  of  such
  person's blood, breath, urine or saliva, made pursuant to the provisions
  of section eleven hundred ninety-four of this article.
    2-a. Aggravated driving while intoxicated. (a) Per se. No person shall
  operate  a  motor vehicle while such person has .18 of one per centum or
  more by weight of alcohol in such person's blood as  shown  by  chemical
  analysis  of  such person's blood, breath, urine or saliva made pursuant
  to the provisions of section eleven hundred ninety-four of this article.
    (b) With a child. No person shall operate a motor vehicle in violation
  of subdivision two, three, four or four-a of this section while a  child
  who  is  fifteen  years  of  age  or  less  is a passenger in such motor
  vehicle. (Leandra's Law)
    3. Driving while intoxicated. No person shall operate a motor  vehicle
  while in an intoxicated condition.
    4.  Driving while ability impaired by drugs. No person shall operate a
  motor vehicle while the person's ability to operate such a motor vehicle
  is impaired by the use of a drug as defined in this chapter.
    4-a. Driving while ability impaired by the combined influence of drugs
  or of alcohol and any drug or drugs. No person  shall  operate  a  motor
  vehicle  while  the  person's  ability  to operate such motor vehicle is
  impaired by the combined influence of drugs or of alcohol and  any  drug
  or drugs.
    5.  Commercial  motor  vehicles: per se - level I. Notwithstanding the
  provisions of section eleven hundred ninety-five  of  this  article,  no
  person  shall  operate  a commercial motor vehicle while such person has
  .04 of one per centum or more but not more than .06 of one per centum by
  weight of alcohol in the person's blood as shown by chemical analysis of
  such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
  provisions  of  section  eleven  hundred  ninety-four  of  this article;
  provided, however, nothing contained in this subdivision shall  prohibit
  the  imposition  of  a  charge of a violation of subdivision one of this
  section, or of section eleven hundred ninety-two-a of this article where
  a person under the age of twenty-one operates a commercial motor vehicle
  where a chemical analysis of such  person's  blood,  breath,  urine,  or
  saliva,  made  pursuant  to  the  provisions  of  section eleven hundred
  ninety-four of this article, indicates that such operator has .02 of one
  per centum or more but less than .04 of one  per  centum  by  weight  of
  alcohol in such operator's blood.
    6.  Commercial  motor vehicles; per se - level II. Notwithstanding the
  provisions of section eleven hundred ninety-five  of  this  article,  no
  person  shall  operate  a commercial motor vehicle while such person has
  more than .06 of one per centum but less than .08 of one per  centum  by
  weight of alcohol in the person's blood as shown by chemical analysis of
  such  person's  blood,  breath,  urine  or  saliva, made pursuant to the
  provisions of  section  eleven  hundred  ninety-four  of  this  article;
  provided,  however, nothing contained in this subdivision shall prohibit
  the imposition of a charge of a violation of  subdivision  one  of  this
  section.
    7.  Where  applicable. The provisions of this section shall apply upon
  public highways, private roads open to motor  vehicle  traffic  and  any
  other  parking lot. For the purposes of this section "parking lot" shall
  mean any area or areas of private property, including a  driveway,  near
  or  contiguous to and provided in connection with premises and used as a
  means of access to and egress from a public highway to such premises and
  having a capacity for the parking of four or more  motor  vehicles.  The
  provisions  of  this  section  shall  not  apply to any area or areas of
  private property comprising all or part of property on which is situated
  a one or two family residence.
    8. Effect of  prior  out-of-state  conviction.  A  prior  out-of-state
  conviction  for  operating  a motor vehicle while under the influence of
  alcohol or drugs shall be deemed to be a prior conviction of a violation
  of this section for purposes of determining penalties imposed under this
  section or for purposes of any  administrative  action  required  to  be
  taken pursuant to subdivision two of section eleven hundred ninety-three
  of  this  article; provided, however, that such conduct, had it occurred
  in this state, would have constituted a misdemeanor or felony  violation
  of  any  of  the  provisions of this section. Provided, however, that if
  such conduct, had it occurred in this state, would  have  constituted  a
  violation of any provisions of this section which are not misdemeanor or
  felony  offenses,  then  such  conduct  shall  be  deemed  to be a prior
  conviction of a  violation  of  subdivision  one  of  this  section  for
  purposes  of  determining  penalties  imposed  under this section or for
  purposes of any administrative action required to be taken  pursuant  to
  subdivision two of section eleven hundred ninety-three of this article.
    8-a.  Effect  of  prior  finding  of  having consumed alcohol. A prior
  finding that a person under the age of twenty-one has operated  a  motor
  vehicle after having consumed alcohol pursuant to section eleven hundred
  ninety-four-a  of  this  article  shall  have the same effect as a prior
  conviction of a violation of subdivision one of this section solely  for
  the  purpose  of  determining  the  length  of any license suspension or
  revocation required to be imposed under any provision of  this  article,
  provided   that  the  subsequent  offense  is  committed  prior  to  the
  expiration of the retention period for such prior  offense  or  offenses
  set forth in paragraph (k) of subdivision one of section two hundred one
  of this chapter.
    9.  Conviction  of  a different charge. A driver may be convicted of a
  violation  of  subdivision  one,  two  or   three   of   this   section,
  notwithstanding  that  the  charge  laid  before  the  court  alleged  a
  violation of subdivision two or three of this section, and regardless of
  whether or not such conviction is based on a plea of guilty.
    10. Plea bargain limitations.  (a) (i) In any case wherein the  charge
  laid  before  the  court  alleges a violation of subdivision two, three,
  four or four-a of this section, any plea of guilty thereafter entered in
  satisfaction of such charge must include at least a plea  of  guilty  to
  the  violation  of  the  provisions  of  one of the subdivisions of this
  section, other than subdivision five or six, and no other disposition by
  plea of guilty to any other charge in satisfaction of such charge  shall
  be  authorized;  provided,  however,  if  the  district  attorney,  upon
  reviewing the available  evidence,  determines  that  the  charge  of  a
  violation  of  this section is not warranted, such district attorney may
  consent, and the court may allow a disposition  by  plea  of  guilty  to
  another charge in satisfaction of such charge; provided, however, in all
  such cases, the court shall set forth upon the record the basis for such
  disposition.
    (ii)  In  any  case wherein the charge laid before the court alleges a
  violation of subdivision two, three, four or four-a of this section,  no
  plea  of  guilty to subdivision one of this section shall be accepted by
  the  court  unless  such  plea  includes  as  a  condition  thereof  the
  requirement  that the defendant attend and complete the alcohol and drug
  rehabilitation program established pursuant to  section  eleven  hundred
  ninety-six  of  this  article,  including  any  assessment and treatment
  required thereby; provided, however, that such requirement may be waived
  by the court upon application of the district attorney or the  defendant
  demonstrating  that  the defendant, as a condition of the plea, has been
  required to enter into and complete an alcohol or drug treatment program
  prescribed pursuant to  an  alcohol  or  substance  abuse  screening  or
  assessment  conducted  pursuant to section eleven hundred ninety-eight-a
  of this article or for other good cause shown. The  provisions  of  this
  subparagraph  shall  apply, notwithstanding any bars to participation in
  the alcohol and drug rehabilitation program set forth in section  eleven
  hundred  ninety-six  of this article; provided, however, that nothing in
  this paragraph shall authorize the issuance  of  a  conditional  license
  unless otherwise authorized by law.
    (iii)  In  any case wherein the charge laid before the court alleges a
  violation of subdivision one of this section and the operator was  under
  the  age of twenty-one at the time of such violation, any plea of guilty
  thereafter entered in satisfaction of such charge must include at  least
  a  plea  of  guilty  to  the  violation  of  such subdivision; provided,
  however, such charge may instead be satisfied as provided  in  paragraph
  (c)  of  this  subdivision,  and, provided further that, if the district
  attorney, upon reviewing the available  evidence,  determines  that  the
  charge  of  a  violation  of  subdivision  one  of  this  section is not
  warranted, such district attorney may consent, and the court may allow a
  disposition by plea of guilty to another charge in satisfaction of  such
  charge;  provided, however, in all such cases, the court shall set forth
  upon the record the basis for such disposition.
    (b) In any case wherein the charge laid before  the  court  alleges  a
  violation  of  subdivision  one or six of this section while operating a
  commercial motor vehicle, any  plea  of  guilty  thereafter  entered  in
  satisfaction  of  such  charge must include at least a plea of guilty to
  the violation of the provisions of  one  of  the  subdivisions  of  this
  section  and  no other disposition by plea of guilty to any other charge
  in satisfaction of such charge shall be authorized;  provided,  however,
  if   the   district  attorney  upon  reviewing  the  available  evidence
  determines that the charge  of  a  violation  of  this  section  is  not
  warranted,  he  may  consent,  and the court may allow, a disposition by
  plea of guilty to another charge is satisfaction of such charge.
    (c) Except as provided in paragraph (b) of this  subdivision,  in  any
  case  wherein  the  charge  laid before the court alleges a violation of
  subdivision one of this section by a person who was  under  the  age  of
  twenty-one at the time of commission of the offense, the court, with the
  consent  of  both  parties, may allow the satisfaction of such charge by
  the defendant's agreement to be subject to action  by  the  commissioner
  pursuant to section eleven hundred ninety-four-a of this article. In any
  such  case,  the  defendant  shall  waive  the  right to a hearing under
  section eleven hundred ninety-four-a of this  article  and  such  waiver
  shall  have  the  same  force  and effect as a finding of a violation of
  section eleven hundred ninety-two-a of  this  article  entered  after  a
  hearing conducted pursuant to such section eleven hundred ninety-four-a.
  The  defendant  shall  execute  such  waiver  in  open  court,  and,  if
  represented by counsel, in the presence of his attorney, on a form to be
  provided by the commissioner, which shall be forwarded by the  court  to
  the  commissioner within ninety-six hours. To be valid, such form shall,
  at a minimum,  contain  clear  and  conspicuous  language  advising  the
  defendant that a duly executed waiver: (i) has the same force and effect
  as  a  guilty  finding  following  a  hearing pursuant to section eleven
  hundred ninety-four-a of this article; (ii) shall subject the  defendant
  to  the  imposition of sanctions pursuant to such section eleven hundred
  ninety-four-a;  and  (iii)  may  subject  the  defendant  to   increased
  sanctions  upon a subsequent violation of this section or section eleven
  hundred ninety-two-a of this article. Upon receipt of  a  duly  executed
  waiver  pursuant  to  this  paragraph,  the commissioner shall take such
  administrative action and impose such sanctions as may  be  required  by
  section eleven hundred ninety-four-a of this article.
    (d)  In  any  case  wherein the charge laid before the court alleges a
  violation of subdivision two-a of  this  section,  any  plea  of  guilty
  thereafter  entered in satisfaction of such charge must include at least
  a plea of guilty to the violation of the provisions of subdivision  two,
  two-a  or  three  of  this  section, and no other disposition by plea of
  guilty to any other charge in  satisfaction  of  such  charge  shall  be
  authorized;  provided, however, if the district attorney, upon reviewing
  the available evidence, determines that the charge  of  a  violation  of
  this  section  is  not warranted, such district attorney may consent and
  the court may allow a disposition by plea of guilty to another charge in
  satisfaction of such charge, provided, however, in all such  cases,  the
  court  shall  set  forth upon the record the basis for such disposition.
  Provided, further, however, that no such plea shall be accepted  by  the
  court  unless  such plea includes as a condition thereof the requirement
  that  the  defendant  attend  and  complete   the   alcohol   and   drug
  rehabilitation  program  established  pursuant to section eleven hundred
  ninety-six of this  article,  including  any  assessment  and  treatment
  required thereby; provided, however, that such requirement may be waived
  by  the court upon application of the district attorney or the defendant
  demonstrating that the defendant, as a condition of the plea,  has  been
  required to enter into and complete an alcohol or drug treatment program
  prescribed  pursuant  to  an  alcohol  or  substance  abuse screening or
  assessment conducted pursuant to section eleven  hundred  ninety-eight-a
  of  this  article  or for other good cause shown. The provisions of this
  paragraph shall apply, notwithstanding any bars to participation in  the
  alcohol  and  drug  rehabilitation  program  set forth in section eleven
  hundred ninety-six of this article; provided, however, that  nothing  in
  this  paragraph  shall  authorize  the issuance of a conditional license
  unless otherwise authorized by law.
    11. No person other than an operator of a commercial motor vehicle may
  be charged with or convicted of a violation of subdivision five  or  six
  of this section.
    12.   Driving   while   intoxicated   or  while  ability  impaired  by
  drugs--serious physical injury or death or child in the vehicle. (a)  In
  every  case  where  a  person is charged with a violation of subdivision
  two, two-a, three, four or four-a of this section, the  law  enforcement
  officer  alleging  such  charge  shall  make  a  clear  notation  in the
  "Description of Violation" section of a simplified  traffic  information
  (i)  if, arising out of the same incident, someone other than the person
  charged was killed or suffered serious physical  injury  as  defined  in
  section  10.00 of the penal law; such notation shall be in the form of a
  "D" if someone other  than  the  person  charged  was  killed  and  such
  notation  shall  be  in the form of a "S.P.I." if someone other than the
  person charged suffered serious physical injury; and  (ii)  if  a  child
  aged  fifteen  years  or  less  was present in the vehicle of the person
  charged with a violation of  subdivision  two,  two-a,  three,  four  or
  four-a  of this section; such notation shall be in the form of "C.I.V.".
  Provided, however, that the failure to make such notations shall  in  no
  way  affect  a  charge for a violation of subdivision two, two-a, three,
  four or four-a of this section.
    (b) Where a law enforcement officer alleges a violation  of  paragraph
  (b) of subdivision two-a of this section and the operator of the vehicle
  is  a  parent,  guardian,  or  custodian  of,  or  other  person legally
  responsible for, a child aged fifteen years or less who is  a  passenger
  in  such  vehicle, then the officer shall report or cause a report to be
  made,  if applicable, in accordance with title six of article six of the
  social services law.

S 1192-a. Operating a motor vehicle after having consumed alcohol;
  under the age of  twenty-one;  per  se.  No  person  under  the  age  of
  twenty-one  shall  operate a motor vehicle after having consumed alcohol
  as defined in this section. For purposes of this section, a person under
  the age of twenty-one is deemed to have consumed alcohol  only  if  such
  person  has  .02  of one per centum or more but not more than .07 of one
  per centum by weight of alcohol in  the  person's  blood,  as  shown  by
  chemical  analysis of such person's blood, breath, urine or saliva, made
  pursuant to the provisions of section eleven hundred ninety-four of this
  article. Any person who operates a motor vehicle in  violation  of  this
  section,  and  who is not charged with a violation of any subdivision of
  section eleven hundred ninety-two of this article  arising  out  of  the
  same  incident  shall  be  referred  to  the  department  for  action in
  accordance with the provisions of section eleven  hundred  ninety-four-a
  of  this  article.  Except  as otherwise provided in subdivision five of
  section eleven hundred ninety-two of this article,  this  section  shall
  not  apply  to  a  person  who  operates  a  commercial  motor  vehicle.
  Notwithstanding any provision of law to the contrary, a finding  that  a
  person under the age of twenty-one operated a motor vehicle after having
  consumed  alcohol  in  violation  of  this  section is not a judgment of
  conviction for a crime or any other offense.

S 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.

S 1194. Arrest  and  testing. 1. Arrest and field testing. (a) Arrest.
  Notwithstanding  the  provisions  of  section  140.10  of  the  criminal
  procedure law, a police officer may, without a warrant, arrest a person,
  in  case  of  a  violation  of subdivision one of section eleven hundred
  ninety-two of this  article,  if  such  violation  is  coupled  with  an
  accident  or  collision  in which such person is involved, which in fact
  has been committed, though not in the police  officer's  presence,  when
  the  officer  has  reasonable  cause  to  believe that the violation was
  committed by such person.
    (b) Field testing. Every person operating a motor  vehicle  which  has
  been involved in an accident or which is operated in violation of any of
  the  provisions  of  this  chapter  shall,  at  the  request of a police
  officer, submit to a breath  test  to  be  administered  by  the  police
  officer. If such test indicates that such operator has consumed alcohol,
  the  police  officer  may  request such operator to submit to a chemical
  test in the manner set forth in subdivision two of this section.
    2. Chemical tests. (a) When authorized.  Any  person  who  operates  a
  motor  vehicle  in this state shall be deemed to have given consent to a
  chemical test of one or more of the following: breath, blood, urine,  or
  saliva, for the purpose of determining the alcoholic and/or drug content
  of  the  blood  provided  that  such  test  is administered by or at the
  direction of a police officer with respect to a chemical test of breath,
  urine or saliva or, with respect to a chemical test  of  blood,  at  the
  direction of a police officer:
    (1)  having  reasonable  grounds  to  believe such person to have been
  operating in violation of any  subdivision  of  section  eleven  hundred
  ninety-two  of  this  article and within two hours after such person has
  been placed under arrest for any such violation;  or  having  reasonable
  grounds  to  believe  such person to have been operating in violation of
  section eleven hundred ninety-two-a of this article and within two hours
  after the stop of such person for any such violation,
    (2) within two hours after a breath test, as provided in paragraph (b)
  of subdivision one of this section,  indicates  that  alcohol  has  been
  consumed by such person and in accordance with the rules and regulations
  established by the police force of which the officer is a member;
    (3)  for  the  purposes  of  this  paragraph,  "reasonable grounds" to
  believe that a person has been operating a motor  vehicle  after  having
  consumed  alcohol in violation of section eleven hundred ninety-two-a of
  this  article  shall  be  determined  by   viewing   the   totality   of
  circumstances  surrounding  the  incident  which,  when  taken together,
  indicate that the operator was driving in violation of such subdivision.
  Such circumstances may include any visible or behavioral  indication  of
  alcohol  consumption by the operator, the existence of an open container
  containing or having contained an alcoholic beverage in  or  around  the
  vehicle  driven  by  the operator, or any other evidence surrounding the
  circumstances of the incident which indicates that the operator has been
  operating a motor vehicle after having consumed alcohol at the  time  of
  the incident; or
    (4)  notwithstanding  any  other  provision of law to the contrary, no
  person under the age of twenty-one shall  be  arrested  for  an  alleged
  violation  of  section  eleven  hundred  ninety-two-a  of  this article.
  However, a person under the age of twenty-one for whom a  chemical  test
  is  authorized pursuant to this paragraph may be temporarily detained by
  the police solely for the purpose of requesting  or  administering  such
  chemical  test  whenever  arrest  without  a warrant for a petty offense
  would be authorized in accordance with the provisions of section  140.10
  of  the  criminal  procedure  law or paragraph (a) of subdivision one of
  this section.
    (b) Report of refusal. (1) If: (A)  such  person  having  been  placed
  under  arrest;  or  (B)  after  a  breath test indicates the presence of
  alcohol in the person's system; or (C) with regard to a person under the
  age of twenty-one, there are reasonable grounds  to  believe  that  such
  person  has been operating a motor vehicle after having consumed alcohol
  in violation of section eleven hundred ninety-two-a of this article; and
  having thereafter been requested to submit to  such  chemical  test  and
  having  been  informed  that the person's license or permit to drive and
  any non-resident operating privilege shall be immediately suspended  and
  subsequently  revoked, or, for operators under the age of twenty-one for
  whom there are reasonable grounds to believe that such operator has been
  operating a motor vehicle after having consumed alcohol in violation  of
  section  eleven  hundred  ninety-two-a of this article, shall be revoked
  for refusal to submit to such chemical  test  or  any  portion  thereof,
  whether  or  not the person is found guilty of the charge for which such
  person is arrested or detained, refuses to submit to such chemical  test
  or  any  portion thereof, unless a court order has been granted pursuant
  to subdivision three of this section, the test shall not be given and  a
  written  report  of such refusal shall be immediately made by the police
  officer before whom such refusal was made. Such report may  be  verified
  by  having  the  report  sworn  to, or by affixing to such report a form
  notice that false statements made therein are punishable as  a  class  A
  misdemeanor  pursuant  to  section 210.45 of the penal law and such form
  notice together with the subscription of the deponent shall constitute a
  verification of the report.
    (2) The report of  the  police  officer  shall  set  forth  reasonable
  grounds  to  believe  such arrested person or such detained person under
  the age of twenty-one had been driving in violation of  any  subdivision
  of  section  eleven hundred ninety-two or eleven hundred ninety-two-a of
  this article, that said person had refused to submit  to  such  chemical
  test,  and  that  no  chemical  test  was  administered  pursuant to the
  requirements of subdivision three of this section. The report  shall  be
  presented to the court upon arraignment of an arrested person, provided,
  however, in the case of a person under the age of twenty-one, for whom a
  test  was  authorized  pursuant to the provisions of subparagraph two or
  three of paragraph (a) of this subdivision, and who has not been  placed
  under  arrest for a violation of any of the provisions of section eleven
  hundred ninety-two of this article, such report shall  be  forwarded  to
  the  commissioner  within forty-eight hours in a manner to be prescribed
  by the commissioner, and  all  subsequent  proceedings  with  regard  to
  refusal  to  submit to such chemical test by such person shall be as set
  forth in subdivision three of section eleven  hundred  ninety-four-a  of
  this article.
    (3) For persons placed under arrest for a violation of any subdivision
  of  section  eleven  hundred  ninety-two of this article, the license or
  permit to drive and any non-resident operating privilege shall, upon the
  basis of such written report, be  temporarily  suspended  by  the  court
  without  notice  pending  the  determination of a hearing as provided in
  paragraph (c) of  this  subdivision.  Copies  of  such  report  must  be
  transmitted  by  the  court to the commissioner and such transmittal may
  not be waived even with the consent of  all  the  parties.  Such  report
  shall  be forwarded to the commissioner within forty-eight hours of such
  arraignment.
    (4) The court or the police officer, in the case of a person under the
  age of twenty-one alleged to be driving after having  consumed  alcohol,
  shall  provide such person with a scheduled hearing date, a waiver form,
  and such other information as may be required by the commissioner. If  a
  hearing,  as  provided  for  in  paragraph  (c)  of this subdivision, or
  subdivision three  of  section  eleven  hundred  ninety-four-a  of  this
  article,  is  waived  by such person, the commissioner shall immediately
  revoke the license, permit, or non-resident operating privilege,  as  of
  the  date of receipt of such waiver in accordance with the provisions of
  paragraph (d) of this subdivision.
    (c) Hearings. Any person whose license  or  permit  to  drive  or  any
  non-resident  driving privilege has been suspended pursuant to paragraph
  (b) of this subdivision is entitled to a hearing in  accordance  with  a
  hearing   schedule  to  be  promulgated  by  the  commissioner.  If  the
  department fails to provide for such hearing fifteen days after the date
  of the arraignment of the arrested person, the license, permit to  drive
  or  non-resident  operating privilege of such person shall be reinstated
  pending a hearing pursuant to this section. The hearing shall be limited
  to the following issues: (1) did  the  police  officer  have  reasonable
  grounds to believe that such person had been driving in violation of any
  subdivision  of  section  eleven hundred ninety-two of this article; (2)
  did the police officer make a lawful arrest of such person; (3) was such
  person given sufficient warning, in clear or unequivocal language, prior
  to such refusal that such refusal to submit to such chemical test or any
  portion thereof, would result in the immediate suspension and subsequent
  revocation of such person's license or operating  privilege  whether  or
  not  such  person is found guilty of the charge for which the arrest was
  made; and (4) did such person refuse to submit to such chemical test  or
  any portion thereof. If, after such hearing, the hearing officer, acting
  on  behalf  of  the commissioner, finds on any one of said issues in the
  negative, the hearing officer shall immediately terminate any suspension
  arising from such refusal. If, after such hearing, the hearing  officer,
  acting  on  behalf  of  the  commissioner finds all of the issues in the
  affirmative, such officer shall immediately revoke the license or permit
  to drive or any non-resident operating privilege in accordance with  the
  provisions  of paragraph (d) of this subdivision. A person who has had a
  license or permit to drive or non-resident operating privilege suspended
  or revoked pursuant to this subdivision may appeal the findings  of  the
  hearing  officer in accordance with the provisions of article three-A of
  this chapter. Any person may waive the right to  a  hearing  under  this
  section.  Failure  by  such  person  to appear for the scheduled hearing
  shall constitute a waiver of such hearing, provided, however, that  such
  person  may  petition  the commissioner for a new hearing which shall be
  held as soon as practicable.
    (d) Sanctions. (1) Revocations. a. Any license which has been  revoked
  pursuant  to paragraph (c) of this subdivision shall not be restored for
  at least one year after such revocation, nor thereafter, except  in  the
  discretion  of  the  commissioner.  However,  no  such  license shall be
  restored for  at  least  eighteen  months  after  such  revocation,  nor
  thereafter  except  in  the  discretion of the commissioner, in any case
  where the person has had a prior revocation resulting  from  refusal  to
  submit  to  a  chemical test, or has been convicted of or found to be in
  violation of any subdivision of section  eleven  hundred  ninety-two  or
  section  eleven  hundred ninety-two-a of this article not arising out of
  the same incident, within the five years immediately preceding the  date
  of  such  revocation;  provided,  however, a prior finding that a person
  under the age of twenty-one has refused to submit  to  a  chemical  test
  pursuant to subdivision three of section eleven hundred ninety-four-a of
  this  article shall have the same effect as a prior finding of a refusal
  pursuant to this subdivision solely for the purpose of  determining  the
  length  of  any  license suspension or revocation required to be imposed
  under any provision  of  this  article,  provided  that  the  subsequent
  offense  or  refusal is committed or occurred prior to the expiration of
  the retention period for such prior refusal as set  forth  in  paragraph
  (k) of subdivision one of section two hundred one of this chapter.
    b.  Any  license  which  has been revoked pursuant to paragraph (c) of
  this subdivision or pursuant to  subdivision  three  of  section  eleven
  hundred  ninety-four-a  of  this article, where the holder was under the
  age of twenty-one years at the  time  of  such  refusal,  shall  not  be
  restored for at least one year, nor thereafter, except in the discretion
  of the commissioner. Where such person under the age of twenty-one years
  has  a  prior  finding,  conviction  or  youthful  offender adjudication
  resulting from a violation  of  section  eleven  hundred  ninety-two  or
  section  eleven  hundred  ninety-two-a of this article, not arising from
  the same incident, such license shall not be restored for at  least  one
  year or until such person reaches the age of twenty-one years, whichever
  is  the greater period of time, nor thereafter, except in the discretion
  of the commissioner.
    c. Any commercial driver's license which has been revoked pursuant  to
  paragraph  (c)  of  this  subdivision based upon a finding of refusal to
  submit to a chemical test, where such finding occurs within  or  outside
  of  this state, shall not be restored for at least eighteen months after
  such revocation,  nor  thereafter,  except  in  the  discretion  of  the
  commissioner,  but  shall not be restored for at least three years after
  such revocation,  nor  thereafter,  except  in  the  discretion  of  the
  commissioner,  if  the holder of such license was operating a commercial
  motor vehicle transporting hazardous  materials  at  the  time  of  such
  refusal.  However,  such  person  shall be permanently disqualified from
  operating a commercial motor vehicle in any case where the holder has  a
  prior  finding  of refusal to submit to a chemical test pursuant to this
  section or has 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. Provided that the commissioner may
  waive such permanent revocation after a period of ten years has  expired
  from such revocation provided:
    (i) that during such ten year period such person has not been found to
  have  refused  a chemical test pursuant to this section and has not been
  convicted of any one of the following offenses: any violation of section
  eleven hundred ninety-two of  this  article;  refusal  to  submit  to  a
  chemical test pursuant to this section; 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  by
  the court in which such person was last penalized.
    d.  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.
    (2) Civil penalties. Except as otherwise provided,  any  person  whose
  license,  permit  to  drive,  or any non-resident operating privilege is
  revoked pursuant to the provisions of this section shall also be  liable
  for a civil penalty in the amount of five hundred dollars except that if
  such  revocation  is  a second or subsequent revocation pursuant to this
  section issued within a five  year  period,  or  such  person  has  been
  convicted  of  a  violation of any subdivision of section eleven hundred
  ninety-two of this article within the past five years not arising out of
  the same incident, the civil penalty shall be in  the  amount  of  seven
  hundred  fifty  dollars. Any person whose license is revoked pursuant to
  the provisions of this section based upon a finding of refusal to submit
  to a chemical test while operating a commercial motor vehicle shall also
  be liable for a civil penalty of five hundred fifty dollars except  that
  if such person has previously been found to have refused a chemical test
  pursuant  to  this section while operating a commercial motor vehicle or
  has a prior conviction of any of the following offenses while  operating
  a  commercial  motor  vehicle:  any  violation of section eleven hundred
  ninety-two of this article; any violation of subdivision two of  section
  six  hundred  of  this  chapter; or has a prior conviction of any felony
  involving the use of a commercial motor vehicle  pursuant  to  paragraph
  (a)  of  subdivision  one of section five hundred ten-a of this chapter,
  then the civil penalty shall be seven  hundred  fifty  dollars.  No  new
  driver's  license  or  permit shall be issued, or non-resident operating
  privilege restored to such person unless such penalty has been paid. All
  penalties collected by the department pursuant to the provisions of this
  section shall be the property of the state and shall be  paid  into  the
  general fund of the state treasury.
    (3)  Effect of rehabilitation program. No period of revocation arising
  out of this section 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 article.
    (e) Regulations. The commissioner  shall  promulgate  such  rules  and
  regulations  as  may  be  necessary  to  effectuate  the  provisions  of
  subdivisions one and two of this section.
    (f) Evidence. Evidence of a refusal to submit to such chemical test or
  any portion thereof shall be admissible  in  any  trial,  proceeding  or
  hearing  based  upon  a  violation  of  the provisions of section eleven
  hundred ninety-two of this article but only  upon  a  showing  that  the
  person  was given sufficient warning, in clear and unequivocal language,
  of the effect of such refusal and  that  the  person  persisted  in  the
  refusal.
    (g)  Results.  Upon  the  request  of  the  person who was tested, the
  results of such test shall be made available to such person.
    3. Compulsory  chemical  tests.  (a)  Court  ordered  chemical  tests.
  Notwithstanding  the  provisions  of subdivision two of this section, no
  person who operates a motor vehicle in this state may refuse  to  submit
  to a chemical test of one or more of the following: breath, blood, urine
  or  saliva,  for  the  purpose  of determining the alcoholic and/or drug
  content of the blood when a court order for such chemical test has  been
  issued in accordance with the provisions of this subdivision.
    (b)  When  authorized.  Upon  refusal  by  any  person  to submit to a
  chemical test or any portion thereof as described above, the test  shall
  not  be given unless a police officer or a district attorney, as defined
  in subdivision thirty-two of section 1.20 of the criminal procedure law,
  requests and obtains a court order to compel a person  to  submit  to  a
  chemical test to determine the alcoholic or drug content of the person's
  blood upon a finding of reasonable cause to believe that:
    (1)  such person was the operator of a motor vehicle and in the course
  of such operation a  person  other  than  the  operator  was  killed  or
  suffered  serious  physical  injury  as  defined in section 10.00 of the
  penal law; and
    (2)  a.  either  such  person operated the vehicle in violation of any
  subdivision of section eleven hundred ninety-two of this article, or
    b. a breath test administered by a police officer in  accordance  with
  paragraph  (b) of subdivision one of this section indicates that alcohol
  has been consumed by such person; and
    (3) such person has been placed under lawful arrest; and
    (4) such person has refused to  submit  to  a  chemical  test  or  any
  portion   thereof,  requested  in  accordance  with  the  provisions  of
  paragraph (a) of subdivision two of this section or is  unable  to  give
  consent to such a test.
    (c)  Reasonable cause; definition. For the purpose of this subdivision
  "reasonable cause" shall  be  determined  by  viewing  the  totality  of
  circumstances  surrounding  the  incident  which,  when  taken together,
  indicate that the operator was driving in violation  of  section  eleven
  hundred  ninety-two of this article. Such circumstances may include, but
  are not limited to: evidence that the operator  was  operating  a  motor
  vehicle  in  violation  of  any  provision  of this article or any other
  moving violation at the time of the incident; any visible indication  of
  alcohol or drug consumption or impairment by the operator; the existence
  of  an  open container containing an alcoholic beverage in or around the
  vehicle driven by the  operator;  any  other  evidence  surrounding  the
  circumstances of the incident which indicates that the operator has been
  operating  a  motor vehicle while impaired by the consumption of alcohol
  or drugs or intoxicated at the time of the incident.
    (d) Court order; procedure. (1) An application for a  court  order  to
  compel submission to a chemical test or any portion thereof, may be made
  to any supreme court justice, county court judge or district court judge
  in  the  judicial  district  in  which  the incident occurred, or if the
  incident occurred in the city of  New  York  before  any  supreme  court
  justice  or  judge  of  the criminal court of the city of New York. Such
  application may be communicated by telephone, radio or  other  means  of
  electronic communication, or in person.
    (2)  The  applicant  must provide identification by name and title and
  must state the purpose of the communication. Upon being advised that  an
  application for a court order to compel submission to a chemical test is
  being made, the court shall place under oath the applicant and any other
  person  providing  information in support of the application as provided
  in subparagraph three of this paragraph. After being sworn the applicant
  must state that the person from whom the chemical test was requested was
  the operator of a motor vehicle and in the course of  such  operation  a
  person,  other  than  the operator, has been killed or seriously injured
  and, based upon the totality of circumstances, there is reasonable cause
  to believe that such person was operating a motor vehicle  in  violation
  of  any subdivision of section eleven hundred ninety-two of this article
  and, after being placed under  lawful  arrest  such  person  refused  to
  submit to a chemical test or any portion thereof, in accordance with the
  provisions  of  this section or is unable to give consent to such a test
  or any portion thereof. The applicant must make specific allegations  of
  fact  to  support  such statement. Any other person properly identified,
  may present sworn allegations of fact  in  support  of  the  applicant's
  statement.
    (3)  Upon  being advised that an oral application for a court order to
  compel a person to submit to a chemical test is being made, a  judge  or
  justice  shall  place  under  oath  the  applicant  and any other person
  providing information in support of the application. Such oath or  oaths
  and all of the remaining communication must be recorded, either by means
  of  a  voice  recording  device  or  verbatim  stenographic  or verbatim
  longhand notes. If a voice recording device is used  or  a  stenographic
  record  made, the judge must have the record transcribed, certify to the
  accuracy   of  the  transcription  and  file  the  original  record  and
  transcription with the court within seventy-two hours of the issuance of
  the court order. If the  longhand  notes  are  taken,  the  judge  shall
  subscribe  a copy and file it with the court within twenty-four hours of
  the issuance of the order.
    (4) If the court is satisfied that the requirements for  the  issuance
  of  a  court  order  pursuant to the provisions of paragraph (b) of this
  subdivision have been met, it may grant the  application  and  issue  an
  order  requiring  the  accused to submit to a chemical test to determine
  the alcoholic  and/or  drug  content  of  his  blood  and  ordering  the
  withdrawal  of  a  blood  sample  in  accordance  with the provisions of
  paragraph (a) of subdivision four of  this  section.  When  a  judge  or
  justice  determines to issue an order to compel submission to a chemical
  test based on an oral application, the applicant therefor shall  prepare
  the  order  in accordance with the instructions of the judge or justice.
  In all cases the order shall include the name of the  issuing  judge  or
  justice, the name of the applicant, and the date and time it was issued.
  It must be signed by the judge or justice if issued in person, or by the
  applicant if issued orally.
    (5) Any false statement by an applicant or any other person in support
  of  an  application  for  a court order shall subject such person to the
  offenses for perjury set forth in article two hundred ten of  the  penal
  law.
    (6)  The  chief administrator of the courts shall establish a schedule
  to provide that a sufficient  number  of  judges  or  justices  will  be
  available  in each judicial district to hear oral applications for court
  orders as permitted by this section.
    (e) Administration  of  compulsory  chemical  test.  An  order  issued
  pursuant  to  the  provisions  of  this subdivision shall require that a
  chemical test to determine the alcoholic  and/or  drug  content  of  the
  operator's blood must be administered. The provisions of paragraphs (a),
  (b)  and  (c) of subdivision four of this section shall be applicable to
  any chemical test administered pursuant to this section.
    4. Testing procedures.  (a)  Persons  authorized  to  withdraw  blood;
  immunity;  testimony.  (1)  At  the  request  of  a  police officer, the
  following persons may withdraw blood for the purpose of determining  the
  alcoholic  or  drug  content  therein:  (i)  a  physician,  a registered
  professional nurse, a registered physician assistant, a certified  nurse
  practitioner,  or  an advanced emergency medical technician as certified
  by the department of health; or (ii) under the supervision  and  at  the
  direction  of  a  physician, registered physician assistant or certified
  nurse practitioner acting within his or her lawful scope of practice, or
  upon the express consent of the person eighteen years of  age  or  older
  from  whom  such  blood  is  to  be  withdrawn:  a  clinical  laboratory
  technician or clinical  laboratory  technologist  licensed  pursuant  to
  article  one hundred sixty-five of the education law; a phlebotomist; or
  a medical laboratory technician or medical technologist  employed  by  a
  clinical  laboratory  approved  under  title five of article five of the
  public health law. This limitation shall not apply to the  taking  of  a
  urine, saliva or breath specimen.
    (2)  No person entitled to withdraw blood pursuant to subparagraph one
  of this paragraph or  hospital  employing  such  person,  and  no  other
  employer of such person shall be sued or held liable for any act done or
  omitted  in  the  course of withdrawing blood at the request of a police
  officer pursuant to this section.
    (3) Any person who may  have  a  cause  of  action  arising  from  the
  withdrawal of blood as aforesaid, for which no personal liability exists
  under  subparagraph  two  of  this  paragraph,  may maintain such action
  against the state if any person entitled to withdraw blood  pursuant  to
  paragraph  (a)  hereof acted at the request of a police officer employed
  by the state, or against the appropriate political  subdivision  of  the
  state  if  such person acted at the request of a police officer employed
  by a political subdivision of the state. No action shall  be  maintained
  pursuant  to  this  subparagraph unless notice of claim is duly filed or
  served in compliance with law.
    (4) Notwithstanding the foregoing  provisions  of  this  paragraph  an
  action may be maintained by the state or a political subdivision thereof
  against a person entitled to withdraw blood pursuant to subparagraph one
  of  this  paragraph  or  hospital employing such person for whose act or
  omission the state or the political subdivision  has  been  held  liable
  under  this  paragraph  to  recover  damages,  not  exceeding the amount
  awarded to the claimant, that may have been sustained by  the  state  or
  the  political subdivision by reason of gross negligence or bad faith on
  the part of such person.
    (5) The testimony of any person other than a  physician,  entitled  to
  withdraw  blood  pursuant  to  subparagraph  one  of  this paragraph, in
  respect to any such withdrawal of blood  made  by  such  person  may  be
  received  in  evidence with the same weight, force and effect as if such
  withdrawal of blood were made by a physician.
    (6) The provisions of  subparagraphs  two,  three  and  four  of  this
  paragraph  shall  also  apply  with  regard  to any person employed by a
  hospital as security personnel for any act done or omitted in the course
  of withdrawing blood at the request of a police officer  pursuant  to  a
  court order in accordance with subdivision three of this section.
    (b)  Right to additional test. The person tested shall be permitted to
  choose a physician to administer a chemical test in addition to the  one
  administered at the direction of the police officer.
    (c)  Rules  and  regulations. The department of health shall issue and
  file rules and regulations approving satisfactory techniques or  methods
  of  conducting  chemical  analyses of a person's blood, urine, breath or
  saliva and to ascertain the qualifications and competence of individuals
  to conduct and supervise chemical analyses of a person's  blood,  urine,
  breath  or saliva. If the analyses were made by an individual possessing
  a permit issued by the department of health, this shall  be  presumptive
  evidence that the examination was properly given. The provisions of this
  paragraph  do  not  prohibit the introduction as evidence of an analysis
  made by an individual other than a person possessing a permit issued  by
  the department of health.

S 1194-a. Driving  after  having  consumed  alcohol; under twenty-one;
  procedure. 1. Chemical test report and hearing.  (a) Whenever a chemical
  test of the breath, blood, urine or saliva of an operator who  is  under
  the  age  of  twenty-one indicates that such person has operated a motor
  vehicle in violation of section  eleven  hundred  ninety-two-a  of  this
  article,  and  such person is not charged with violating any subdivision
  of section eleven hundred ninety-two arising out of the  same  incident,
  the  police  officer who administered the test shall forward a report of
  the results of such test to the department within twenty-four  hours  of
  the  time  when such results are available in a manner prescribed by the
  commissioner, and the operator  shall  be  given  a  hearing  notice  as
  provided  in  subdivision  one-a  of  this  section,  to appear before a
  hearing officer in the county where the chemical test was  administered,
  or  in an adjoining county under such circumstances as prescribed by the
  commissioner, on a date to be established in accordance with a  schedule
  promulgated  by the commissioner. Such hearing shall occur within thirty
  days of, but not less than forty-eight hours from,  the  date  that  the
  chemical   test   was   administered,   provided,   however,  where  the
  commissioner determines, based upon the availability of hearing officers
  and the anticipated volume of hearings at a  particular  location,  that
  the  scheduling  of  such  hearing  within  thirty days would impair the
  timely scheduling or conducting  of  other  hearings  pursuant  to  this
  chapter,  such  hearing  shall be scheduled at the next hearing date for
  such particular location. When providing the operator with such  hearing
  notice,  the  police officer shall also give to the operator, and shall,
  prior to the commencement of the hearing,  provide  to  the  department,
  copies  of  the  following reports, documents and materials: any written
  report  or  document,  or  portion  thereof,   concerning   a   physical
  examination,  a scientific test or experiment, including the most recent
  record  of  inspection,  or  calibration  or  repair  of   machines   or
  instruments utilized to perform such scientific tests or experiments and
  the  certification  certificate,  if  any,  held  by the operator of the
  machine or instrument, which tests or examinations were made  by  or  at
  the  request or direction of a public servant engaged in law enforcement
  activity. The report of the police officer shall be verified  by  having
  the  report  sworn  to, or by affixing to such report a form notice that
  false statements made therein are punishable as a  class  A  misdemeanor
  pursuant  to  section  210.45  of  the  penal  law  and such form notice
  together  with  the  subscription  of  the  deponent  shall   constitute
  verification of the report.
    (b)  Every  person  under the age of twenty-one who is alleged to have
  operated a motor vehicle after having consumed alcohol as set  forth  in
  section  eleven  hundred  ninety-two-a  of  this article, and who is not
  charged  with  violating  any  subdivision  of  section  eleven  hundred
  ninety-two of this article arising out of the same incident, is entitled
  to  a hearing before a hearing officer in accordance with the provisions
  of this section. Unless otherwise provided by law, the license or permit
  to drive or any non-resident operating privilege of  such  person  shall
  not  be  suspended  or  revoked  prior  to  the  scheduled date for such
  hearing.
    (i) The hearing shall be limited to the following  issues:    (1)  did
  such person operate the motor vehicle; (2) was a valid request to submit
  to  a  chemical  test  made by the police officer in accordance with the
  provisions of section eleven hundred ninety-four of  this  article;  (3)
  was  such  person  less  than  twenty-one  years  of  age at the time of
  operation of the motor vehicle;  (4)  was  the  chemical  test  properly
  administered in accordance with the provisions of section eleven hundred
  ninety-four  of this article; (5) did the test find that such person had
  driven after having  consumed  alcohol  as  defined  in  section  eleven
  hundred  ninety-two-a  of  this  article; and (6) did the police officer
  make a lawful stop of such person. The burden of proof shall be  on  the
  police  officer  to  prove  each of these issues by clear and convincing
  evidence.
    (ii) Every person who is  entitled  to  a  hearing  pursuant  to  this
  subdivision  has the right to be present at the hearing; the right to be
  represented by attorney, or in the hearing officer's discretion, by  any
  other  person  the  operator  chooses;  the  right to receive and review
  discovery materials as provided in this subdivision; the  right  not  to
  testify;  the right to present evidence and witnesses in his own behalf,
  the right to cross examine adverse witnesses, and the  right  to  appeal
  from an adverse determination in accordance with article three-A of this
  chapter.  Any  person  representing  the  operator  must  conform to the
  standards of  conduct  required  of  attorneys  appearing  before  state
  courts,  and  failure  to conform to these standards will be grounds for
  declining to permit his continued appearance in the hearing.
    (iii) Hearings conducted pursuant to  this  subdivision  shall  be  in
  accordance  with  this subdivision and with the provisions applicable to
  the adjudication  of  traffic  infractions  pursuant  to  the  following
  provisions  of  part  124  of  title  fifteen  of  the  codes, rules and
  regulations of the state of New York: paragraph  (b)  of  section  124.1
  regarding   the  opening  statement;  paragraph  (b)  of  section  124.2
  regarding  the  right  to  representation  and  to  remain  silent   and
  paragraphs (a) through (e) of section 124.4 regarding the conduct of the
  hearing,   procedure   and  recusal;  provided,  however,  that  nothing
  contained in this subparagraph shall be deemed  to  preclude  a  hearing
  officer  from changing the order of a hearing conducted pursuant to this
  subdivision as justice may require and for good cause shown.
    (iv) The rules governing receipt of evidence in a court of  law  shall
  not  apply in a hearing conducted pursuant to this subdivision except as
  follows:
    (1) on the merits of the charge, and whether or not a  party  objects,
  the  hearing  officer  shall exclude from consideration the following: a
  privileged communication; evidence which,  for  constitutional  reasons,
  would not be admissible in a court of law; evidence of prior misconduct,
  incompetency  or illness, except where such evidence would be admissible
  in a court of law; evidence which is irrelevant or immaterial;
    (2)  no  negative  inference  shall  be  drawn  from  the   operator's
  exercising the right not to testify.
    (v)  If,  after such hearing, the hearing officer, acting on behalf of
  the commissioner, finds all of the issues set forth in this  subdivision
  in  the  affirmative,  the  hearing  officer shall suspend or revoke the
  license or permit to drive or non-resident operating privilege  of  such
  person  in accordance with the time periods set forth in subdivision two
  of section eleven hundred ninety-three of this article. If,  after  such
  hearing,  the  hearing  officer,  acting  on behalf of the commissioner,
  finds any of said issues in the negative, the hearing officer must  find
  that the operator did not drive after having consumed alcohol.
    (vi) A person who has had a license or permit to drive or non-resident
  operating  privilege  suspended or revoked pursuant to the provisions of
  this section may appeal the finding of the hearing officer in accordance
  with the provisions of article three-A of this chapter.
    (c) Unless an adjournment of the hearing date has been  granted,  upon
  the   operator's   failure  to  appear  for  a  scheduled  hearing,  the
  commissioner  shall  suspend  the  license  or  permit   to   drive   or
  non-resident  operating  privilege  until  the  operator  petitions  the
  commissioner and a rescheduled hearing is conducted, provided,  however,
  the  commissioner shall restore such person's license or permit to drive
  or non-resident operating  privilege  if  such  rescheduled  hearing  is
  adjourned  at  the request of a person other than the operator. Requests
  for  adjournments  shall  be  made  and  determined  in  accordance with
  regulations promulgated by the commissioner. If such a  request  by  the
  operator  for  an  adjournment is granted, the commissioner shall notify
  the operator of the rescheduled hearing, which shall  be  scheduled  for
  the next hearing date. If a second or subsequent request by the operator
  for an adjournment is granted, the operator's license or permit to drive
  or non-resident operating privilege may be suspended pending the hearing
  at  the  time  such  adjournment is granted; provided, however, that the
  records of the department or the  evidence  already  admitted  furnishes
  reasonable  grounds  to  believe such suspension is necessary to prevent
  continuing violations  or  a  substantial  traffic  safety  hazard;  and
  provided  further,  that  such  hearing  shall be scheduled for the next
  hearing date.
    If a police officer does not appear for a hearing, the hearing officer
  shall have the authority to dismiss the charge. Any person may waive the
  right to a  hearing  under  this  subdivision,  in  a  form  and  manner
  prescribed  by the commissioner, and may enter an admission of guilt, in
  person or by mail, to  the  charge  of  operating  a  motor  vehicle  in
  violation  of  section eleven hundred ninety-two-a of this article. Such
  admission of guilt shall have the same force and effect as a finding  of
  guilt   entered   following   a   hearing  conducted  pursuant  to  this
  subdivision.
    1-a. Hearing notice. The hearing notice issued to an operator pursuant
  to subdivision one of this section shall be in a form as  prescribed  by
  the  commissioner.  In addition to containing information concerning the
  time, date and location of the hearing, and such  other  information  as
  the  commissioner  deems  appropriate,  such  hearing  notice shall also
  contain the following information: the  date,  time  and  place  of  the
  offense  charged;  the  procedures  for  requesting  an adjournment of a
  scheduled hearing as provided in this section, the operator's right to a
  hearing conducted pursuant to this section and the right to  waive  such
  hearing  and  plead  guilty, either in person or by mail, to the offense
  charged.
    2. Civil penalty. Unless otherwise provided, any person whose license,
  permit to drive, or any non-resident operating privilege is suspended or
  revoked pursuant to the provisions of this section shall also be  liable
  for  a  civil  penalty in the amount of one hundred twenty-five dollars,
  which  shall  be  distributed  in  accordance  with  the  provisions  of
  subdivision nine of section eighteen hundred three of this chapter.
    3.  Refusal  report  and  hearing.  (a)  Any  person  under the age of
  twenty-one who is suspected of operating a motor  vehicle  after  having
  consumed  alcohol in violation of section eleven hundred ninety-two-a of
  this chapter, and who is not charged with violating any  subdivision  of
  section  eleven  hundred  ninety-two  of this article arising out of the
  same incident, and who has been requested to submit to a  chemical  test
  pursuant  to  paragraph (a) of subdivision two of section eleven hundred
  ninety-four of this article and after  having  been  informed  that  his
  license  or  permit  to  drive  and any non-resident operating privilege
  shall be revoked for refusal to submit to  such  chemical  test  or  any
  portion  thereof,  whether  or  not  there is a finding of driving after
  having consumed alcohol, and such  person  refuses  to  submit  to  such
  chemical  test or any portion thereof, shall be entitled to a hearing in
  accordance with a schedule promulgated by  the  commissioner,  and  such
  hearing shall occur within thirty days of, but not less than forty-eight
  hours  from,  the  date  of  such  refusal, provided, however, where the
  commissioner determines, based upon the availability of hearing officers
  and the anticipated volume of hearings at a  particular  location,  that
  the  scheduling  of  such  hearing  within  thirty days would impair the
  timely  scheduling  or  conducting  of  other  hearings pursuant to this
  chapter, such hearing shall be scheduled at the next  hearing  date  for
  such particular location.
    (b)  Unless  an adjournment of the hearing date has been granted, upon
  the  operator's  failure  to  appear  for  a  scheduled   hearing,   the
  commissioner   shall   suspend   the  license  or  permit  to  drive  or
  non-resident  operating  privilege  until  the  operator  petitions  the
  commissioner  and a rescheduled hearing is conducted, provided, however,
  the commissioner shall restore such person's license or permit to  drive
  or  non-resident  operating  privilege  if  such  rescheduled hearing is
  adjourned at the request of a person other than the  operator.  Requests
  for  adjournments  shall  be  made  and  determined  in  accordance with
  regulations promulgated by the commissioner. If such a  request  by  the
  operator  for  an  adjournment is granted, the commissioner shall notify
  the operator of the rescheduled hearing, which shall  be  scheduled  for
  the next hearing date. If a second or subsequent request by the operator
  for an adjournment is granted, the operator's license or permit to drive
  or non-resident operating privilege may be suspended pending the hearing
  at  the  time  such  adjournment is granted; provided, however, that the
  records of the department or the  evidence  already  admitted  furnishes
  reasonable  grounds  to  believe such suspension is necessary to prevent
  continuing violations  or  a  substantial  traffic  safety  hazard;  and
  provided  further,  that  such  hearing  shall be scheduled for the next
  hearing date.
    If a police officer does not appear for a hearing, the hearing officer
  shall have the authority to dismiss the charge. Any person may waive the
  right to a hearing under this subdivision.
    (c) The hearing on the refusal to submit to a chemical  test  pursuant
  to  this subdivision shall be limited to the following issues: (1) was a
  valid request to submit to a chemical test made by the police officer in
  accordance with the provisions of section eleven hundred ninety-four  of
  this  article; (2) was such person given sufficient warning, in clear or
  unequivocal language, prior to such refusal that such refusal to  submit
  to  such  chemical  test  or  any  portion  thereof, would result in the
  revocation of such person's license or permit to  drive  or  nonresident
  operating  privilege,  whether  or  not  such  person  is  found to have
  operated a motor vehicle after having consumed  alcohol;  (3)  did  such
  person  refuse  to  submit to such chemical test or any portion thereof;
  (4) did such person operate the motor vehicle; (5) was such person  less
  than  twenty-one  years  of  age  at  the time of operation of the motor
  vehicle; (6) did the police officer make a lawful stop of  such  person.
  If,  after  such  hearing,  the hearing officer, acting on behalf of the
  commissioner, finds on any one said issue in the negative,  the  hearing
  officer  shall  not  revoke the operator's license or permit to drive or
  non-resident operating privilege and  shall  immediately  terminate  any
  outstanding  suspension  of  the  operator's license, permit to drive or
  non-resident operating privilege arising from such refusal.   If,  after
  such hearing, the hearing officer, acting on behalf of the commissioner,
  finds  all  of the issues in the affirmative, such hearing officer shall
  immediately revoke the license or permit to drive  or  any  non-resident
  operating  privilege  in accordance with the provisions of paragraph (d)
  of subdivision  two  of  section  eleven  hundred  ninety-four  of  this
  article.  A  person  who  has  had  a  license  or  permit  to  drive or
  non-resident operating privilege suspended or revoked  pursuant  to  the
  provisions  of  this  section  may  appeal  the  findings of the hearing
  officer in accordance with the provisions of  article  three-A  of  this
  chapter.

S 1195. Chemical  test  evidence.  1. Admissibility. Upon the trial of
  any action or proceeding arising out of actions  alleged  to  have  been
  committed  by  any person arrested for a violation of any subdivision of
  section eleven hundred ninety-two of this article, the court shall admit
  evidence of the amount of alcohol or drugs in the defendant's  blood  as
  shown  by  a  test  administered  pursuant  to the provisions of section
  eleven hundred ninety-four of this article.
    2. Probative value. The following effect shall be given to evidence of
  blood-alcohol content, as determined by such tests, of a person arrested
  for violation of section eleven hundred ninety-two of this article:
    (a) Evidence that there was .05 of one per centum or less by weight of
  alcohol in such person's blood shall be prima facie  evidence  that  the
  ability  of  such  person to operate a motor vehicle was not impaired by
  the consumption  of  alcohol,  and  that  such  person  was  not  in  an
  intoxicated condition;
    (b)  Evidence  that there was more than .05 of one per centum but less
  than .07 of one per centum by weight of alcohol in such  person's  blood
  shall be prima facie evidence that such person was not in an intoxicated
  condition,  but  such evidence shall be relevant evidence, but shall not
  be given prima facie effect, in determining whether the ability of  such
  person  to  operate  a  motor vehicle was impaired by the consumption of
  alcohol; and
    (c) Evidence that there was .07 of one per centum  or  more  but  less
  than  .08  of one per centum by weight of alcohol in such person's blood
  shall be prima facie evidence that such person was not in an intoxicated
  condition, but such evidence  shall  be  given  prima  facie  effect  in
  determining  whether  the  ability  of  such  person  to operate a motor
  vehicle was impaired by the consumption of alcohol.
    3. Suppression. A defendant who has been  compelled  to  submit  to  a
  chemical test pursuant to the provisions of subdivision three of section
  eleven  hundred ninety-four of this article may move for the suppression
  of such evidence in accordance with article seven  hundred  ten  of  the
  criminal  procedure  law  on the grounds that the order was obtained and
  the test administered in violation of the provisions of such subdivision
  or any other applicable law.

  S 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 or a certificate of good conduct
  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.

S 1197. Special traffic options program for driving while intoxicated.
  "The  program",  as used in this section, shall mean the special traffic
  options program for driving while  intoxicated,  a  program  established
  pursuant  to  this  section,  and  approved by the commissioner of motor
  vehicles. 1. Program establishment. (a) Where  a  county  establishes  a
  special  traffic options program for driving while intoxicated, pursuant
  to this section, it shall receive fines and forfeitures collected by any
  court, judge, magistrate or other officer within that county, including,
  where  appropriate,  a  hearing  officer  acting  on   behalf   of   the
  commissioner,:  (1)  imposed  for  violations  of subparagraphs (ii) and
  (iii) of paragraph  (a)  of  subdivision  two  or  subparagraph  (i)  of
  paragraph  (a)  of  subdivision  three of section five hundred eleven of
  this chapter; (2) imposed in accordance with the provisions  of  section
  eleven  hundred  ninety-three  and  civil  penalties imposed pursuant to
  subdivision two of section eleven hundred ninety-four-a of this article,
  including, where appropriate, a hearing officer acting on behalf of  the
  commissioner,  from  violations  of  sections eleven hundred ninety-two,
  eleven hundred ninety-two-a  and  findings  made  under  section  eleven
  hundred ninety-four-a of this article; and (3) imposed upon a conviction
  for:  aggravated  vehicular assault, pursuant to section 120.04-a of the
  penal law; vehicular assault in the first degree,  pursuant  to  section
  120.04  of  the  penal  law;  vehicular  assault  in  the second degree,
  pursuant to section  120.03  of  the  penal  law;  aggravated  vehicular
  homicide,  pursuant  to  section  125.14  of  the  penal  law; vehicular
  manslaughter in the first degree, pursuant  to  section  125.13  of  the
  penal  law; and vehicular manslaughter in the second degree, pursuant to
  section 125.12 of the penal law, as provided in section eighteen hundred
  three of this chapter. Upon receipt of these moneys,  the  county  shall
  deposit  them  in  a  separate account entitled "special traffic options
  program for driving while intoxicated"  and  they  shall  be  under  the
  exclusive  care, custody and control of the chief fiscal officer of each
  county participating in the program.
    (b) Expenditures from such account shall only be made pursuant to  the
  approval  of a county program by the commissioner of motor vehicles. The
  chief fiscal officer of each participating county shall, on a  quarterly
  basis,  forward  to  the  commissioner  a  written certificate of moneys
  expended from such account.
    2. Program organization. (a) Where  a  program  is  established  by  a
  county,  it  shall be organized by a coordinator for the special traffic
  options program for driving while intoxicated, who shall  be  designated
  by the chief executive officer of the county, if there be one, otherwise
  the chairman of the governing board of the county, or in the city of New
  York,  a  person designated by the mayor thereof. Where a coordinator is
  designated, the coordinator shall receive such salary  and  expenses  as
  the  board of legislators or other governing body of such county may fix
  and properly account for such expenses and shall serve at  the  pleasure
  of such appointing body or officer.
    (b)  In  counties  having  a  county  traffic  safety board, the chief
  executive officer, if there  be  one,  otherwise  the  chairman  of  the
  governing  board of the county or the mayor of the city of New York, may
  designate the chairman of the board or a member thereof  as  coordinator
  of the program.
    3.  Purposes. (a) The program shall provide a plan for coordination of
  county, town, city and village efforts to reduce alcohol-related traffic
  injuries and fatalities.
    (b) The program shall, where approved by the  county  board  or  other
  governing  body,  provide  funding  for  such activities as the board or
  other body may approve, for the above-described purposes.
    4. Duties of the coordinator; reports. (a) It shall be the duty of the
  coordinator to:
    (1)  Render  annually  or  at the request of the county legislature or
  other governing body of the county, a verified  account  of  all  moneys
  received  and  expended  by  the  coordinator or under the coordinator's
  direction and an account of other pertinent matters.
    (2) Submit annually or upon request of the  chief  fiscal  officer  of
  each  county  participating  in  the  program,  in such manner as may be
  required by law, an estimate of the funds  required  to  carry  out  the
  purposes of this section.
    (3)  Make  an annual report to the commissioner, which shall be due on
  or  before  the  first  day  of  April  of  each  year   following   the
  implementation of said program, and shall include the following:
    a.   the   progress,   problems  and  other  matters  related  to  the
  administration of said program; and
    b. an assessment of  the  effectiveness  of  the  program  within  the
  geographic  area  of  the  county  participating therein and any and all
  recommendations for expanding and improving said program.
    (b) Any annual report shall also contain  the  following,  in  a  form
  prescribed by the commissioner:
    (1)  Number  of  arrests  for  violations  of  section  eleven hundred
  ninety-two of this article and subdivision two of section  five  hundred
  eleven of this chapter;
    (2) Number and description of dispositions resulting therefrom;
    (3) Number of suspensions issued in the county for alleged refusals to
  submit to chemical tests;
    (4)  Total  fine  moneys  returned  to  the  participating  county  in
  connection with the program;
    (5) Contemplated programs;
    (6) Distribution of moneys in connection with program adminstration;
    (7) Any other information required by the commissioner.
    5. Functions of the coordinator. In addition  to  the  duties  of  the
  coordinator  as  provided  in  subdivision  four  of  this  section, the
  coordinator shall perform the following functions:
    (a) Formulate a special traffic  options  program  for  driving  while
  intoxicated  and  coordinate  efforts of interested parties and agencies
  engaged  in  alcohol  traffic  safety,  law  enforcement,  adjudication,
  rehabilitation and preventive education.
    (b)  Receive  proposals from county, town, city or village agencies or
  non-governmental groups for activities related to alcohol traffic safety
  and to submit them to the county board  of  legislators  or  other  such
  governing  body,  together  with  a  recommendation  for  funding of the
  activity if deemed appropriate.
    (c) Cooperate with and assist local officials within the county in the
  formulation and execution of alcohol traffic safety  programs  including
  enforcement, adjudication, rehabilitation and education.
    (d)  Study  alcohol  traffic  safety  problems  with  the  county  and
  recommend  to  the  appropriate  legislative  bodies,   departments   or
  commissions, such changes in rules, orders, regulations and existing law
  as the coordinator may deem advisable.
    (e)  Promote  alcohol  and  drug-related  traffic safety education for
  drivers.
    (f) Obtain and assemble  data  on  alcohol-related  accident  arrests,
  convictions  and  accidents  and to analyze, study, and consolidate such
  data for educational, research and informational purposes.
    6. County purpose and charge.  The  provisions  of  this  section  and
  expenditures made hereunder shall be deemed a county purpose and charge.
    7.  Program  approval.  The  program, including a proposed operational
  budget,  shall  be  submitted  by  each  county   coordinator   to   the
  commissioner for approval. The commissioner shall consider the following
  before approving said program:
    (a)  The interrelationship of such program with existing drunk driving
  related  programs  in  areas  including,  but  not   limited   to,   law
  enforcement, prosecution, adjudication and education.
    (b)  Avoidance  of duplication of existing programs funded or operated
  by either the state or any municipality including, but not  limited  to,
  the  alcohol  and drug rehabilitation program, established under section
  eleven hundred ninety-six of this article.
    (c) All other factors which the commissioner shall deem necessary.
    8. Duties of the commissioner. (a) The commissioner shall compile  the
  reports   submitted  by  the  county  coordinators  and  shall  issue  a
  comprehensive report on  such  programs  to  the  governor  and  to  the
  legislature.
    (b) The commissioner shall monitor all programs to ensure satisfactory
  implementation  in  conjunction with the established program application
  goals.
    9. Program cessation. When a participating county wishes to cease  its
  program, the coordinator shall notify the commissioner in writing of the
  date  of  termination and all money remaining in the fund established by
  that county pursuant to subdivision one of this  section  on  such  date
  shall  be  transferred  to  the  general fund of the state treasury. All
  fines and forfeitures collected  pursuant  to  the  provisions  of  this
  section  on  and  after  the  termination  date  shall be disposed of in
  accordance with subdivision one of section  eighteen  hundred  three  of
  this chapter.
    10.  Program audit. The comptroller is authorized to conduct audits of
  any program established pursuant to this section  for  the  purposes  of
  determining  compliance  with  the  provisions  of this section and with
  generally accepted accounting principles.

* S 1198. Installation  and  operation  of ignition interlock devices.
  1. Applicability. The provisions of this section shall apply  throughout
  the  state  to each person required or otherwise ordered by a court as a
  condition of probation or conditional discharge to install  and  operate
  an  ignition  interlock  device  in  any vehicle which he or she owns or
  operates.
    2. Requirements. (a) In addition to any other penalties prescribed  by
  law, the court shall require that any person who has been convicted of a
  violation  of  subdivision two, two-a or three of section eleven hundred
  ninety-two of this article, or any crime defined by this chapter or  the
  penal  law  of  which  an  alcohol-related violation of any provision of
  section eleven hundred  ninety-two  of  this  article  is  an  essential
  element,  to  install  and  maintain,  as  a  condition  of probation or
  conditional  discharge,  a  functioning  ignition  interlock  device  in
  accordance  with  the  provisions of this section and, as applicable, in
  accordance with the provisions of subdivisions one and one-a of  section
  eleven  hundred  ninety-three  of  this  article; 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
  except as provided herein. For any such individual subject to a sentence
  of probation, installation and maintenance of  such  ignition  interlock
  device shall be a condition of probation.
    (b)  Nothing  contained  in  this section shall prohibit a court, upon
  application by a probation department, from modifying the conditions  of
  probation  of  any  person  convicted  of  any  violation  set  forth in
  paragraph (a) of this subdivision prior to the effective  date  of  this
  section,  to  require  the installation and maintenance of a functioning
  ignition interlock device, and such person shall thereafter  be  subject
  to the provisions of this section.
    (c)  Nothing  contained  in  this  section  shall authorize a court to
  sentence any person to a period of probation  or  conditional  discharge
  for  the  purpose  of  subjecting  such person to the provisions of this
  section, unless such person would have otherwise been so eligible for  a
  sentence of probation or conditional discharge.
    3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
  commissioner may grant a post-revocation  conditional  license,  as  set
  forth  in  paragraph  (b)  of this subdivision, to a person who has been
  convicted of a violation of subdivision two, two-a or three  of  section
  eleven  hundred ninety-two of this article and who has been sentenced to
  a period of probation or conditional discharge, provided the person  has
  satisfied  the  minimum  period of license revocation established by law
  and the commissioner has been notified that such person may operate only
  a motor vehicle equipped with a functioning ignition  interlock  device.
  No  such  request  shall  be  made  nor shall such a license be granted,
  however, if such person has been found by a court to  have  committed  a
  violation  of  section  five  hundred  eleven of this chapter during the
  license revocation period or deemed by a  court  to  have  violated  any
  condition  of  probation or conditional discharge set forth by the court
  relating to the operation of a  motor  vehicle  or  the  consumption  of
  alcohol.  In  exercising  discretion  relating  to  the  issuance  of  a
  post-revocation conditional license pursuant to  this  subdivision,  the
  commissioner  shall  not deny such issuance based solely upon the number
  of convictions for violations  of  any  subdivision  of  section  eleven
  hundred  ninety-two  of this article committed by such person within the
  ten years prior to application for such license. Upon the termination of
  the period of probation or conditional discharge set by the  court,  the
  person  may  apply  to  the commissioner for restoration of a license or
  privilege to operate a motor vehicle in accordance with this chapter.
    (b) Notwithstanding any inconsistent  provision  of  this  chapter,  a
  post-revocation conditional license granted pursuant to paragraph (a) of
  this  subdivision 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  course  at
  an  accredited  school,  college  or  university  or at a state approved
  institution of vocational or technical training, (4) to and  from  court
  ordered probation activities, (5) to and from a motor vehicle office for
  the  transaction  of  business relating to such license, (6) for a three
  hour consecutive daytime period, chosen by  the  department,  on  a  day
  during  which  the  participant  is  not  engaged in usual employment or
  vocation, (7) 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, (8) enroute to and  from  a
  class or an activity which is an authorized part of the alcohol and drug
  rehabilitation   program   and  at  which  participant's  attendance  is
  required, and (9) enroute to and from a place, including  a  school,  at
  which  a child or children of the participant are cared for on a regular
  basis and which is  necessary  for  the  participant  to  maintain  such
  participant's  employment or enrollment at an accredited school, college
  or university or at  a  state  approved  institution  of  vocational  or
  technical training.
    (c)   The   post-revocation  conditional  license  described  in  this
  subdivision may be revoked by  the  commissioner  for  sufficient  cause
  including  but  not  limited to, failure to comply with the terms of the
  condition of probation or conditional discharge set forth by the  court,
  conviction  of  any  traffic  offense  other than one involving parking,
  stopping or standing or  conviction  of  any  alcohol  or  drug  related
  offense, misdemeanor or felony or failure to install or maintain a court
  ordered ignition interlock device.
    (d)  Nothing contained herein shall prohibit the court from requiring,
  as a condition of probation or conditional discharge,  the  installation
  of  a  functioning  ignition  interlock  device  in any vehicle owned or
  operated by a person sentenced  for  a  violation  of  subdivision  two,
  two-a, or three of section eleven hundred ninety-two of this chapter, or
  any  crime  defined  by  this  chapter  or  the  penal  law  of which an
  alcohol-related violation of any provision  of  section  eleven  hundred
  ninety-two  of this chapter is an essential element, if the court in its
  discretion, determines that such a condition is necessary to ensure  the
  public safety. Imposition of an ignition interlock condition shall in no
  way  limit  the effect of any period of license suspension or revocation
  set forth by the commissioner or the court.
    (e) Nothing contained herein shall prevent the court from applying any
  other conditions of probation or conditional discharge allowed  by  law,
  including treatment for alcohol or drug abuse, restitution and community
  service.
    (f) The commissioner shall note on the operator's record of any person
  restricted  pursuant  to  this  section  that,  in addition to any other
  restrictions, conditions or limitations, such person may operate only  a
  motor vehicle equipped with an ignition interlock device.
    4.  Proof  of  compliance  and recording of condition.   (a) Following
  imposition by the court of the use of an ignition interlock device as  a
  condition  of  probation  or  conditional discharge it shall require the
  person to provide proof of compliance with this section to the court and
  the probation department or other monitor where  such  person  is  under
  probation  or  conditional discharge supervision. If the person fails to
  provide for such proof of installation, absent a finding by the court of
  good cause for that failure which is entered in the  record,  the  court
  may  revoke,  modify, or terminate the person's sentence of probation or
  conditional  discharge  as provided under law.  Good cause may include a
  finding that the person is not the owner of  a  motor  vehicle  if  such
  person asserts under oath that such person is not the owner of any motor
  vehicle and that he or she will not operate any motor vehicle during the
  period  of  interlock  restriction except as may be otherwise authorized
  pursuant to law. "Owner" shall have the  same  meaning  as  provided  in
  section one hundred twenty-eight of this chapter.
    (b) When a court imposes the condition specified in subdivision one of
  this  section, the court shall notify the commissioner in such manner as
  the commissioner may prescribe, and the  commissioner  shall  note  such
  condition  on  the  operating  record  of  the  person  subject  to such
  conditions.
    5. Cost, installation and maintenance.  (a) The cost of installing and
  maintaining the ignition interlock device shall be borne by  the  person
  subject  to  such  condition  unless the court determines such person is
  financially unable to afford  such  cost  whereupon  such  cost  may  be
  imposed  pursuant  to  a  payment plan or waived.   In the event of such
  waiver, the cost of  the  device  shall  be  borne  in  accordance  with
  regulations  issued  under  paragraph  (g) of subdivision one of section
  eleven hundred ninety-three of this article or pursuant  to  such  other
  agreement  as may be entered into for provision of the device. Such cost
  shall be considered a fine for  the  purposes  of  subdivision  five  of
  section  420.10  of  the  criminal  procedure  law.  Such cost shall not
  replace, but shall instead be in addition to, any fines, surcharges,  or
  other costs imposed pursuant to this chapter or other applicable laws.
    (b)  The  installation  and  service  provider  of the device shall be
  responsible for the installation, calibration, and maintenance  of  such
  device.
    6.  Certification.  (a)  The  commissioner of the department of health
  shall approve ignition interlock devices for  installation  pursuant  to
  subdivision  one  of  this  section and shall publish a list of approved
  devices.
    (b)  After  consultation  with  manufacturers  of  ignition  interlock
  devices  and  the  national  highway  traffic safety administration, the
  commissioner of the department  of  health,  in  consultation  with  the
  commissioner  and the office of probation and correctional alternatives,
  shall promulgate  regulations  regarding  standards  for,  and  use  of,
  ignition  interlock devices. Such standards shall include provisions for
  setting a minimum and maximum calibration range and shall  include,  but
  not be limited to, requirements that the devices:
    (1)  have  features  that make circumventing difficult and that do not
  interfere with the normal or safe operation of the vehicle;
    (2) work accurately and reliably in an unsupervised environment;
    (3) resist tampering and give evidence if tampering is attempted;
    (4) minimize inconvenience to a sober user;
    (5) require a proper, deep,  lung  breath  sample  or  other  accurate
  measure of blood alcohol content equivalence;
    (6) operate reliably over the range of automobile environments;
    (7)  correlate  well with permissible levels of alcohol consumption as
  may be established by the sentencing court or by any provision  of  law;
  and
    (8)   are  manufactured  by  a  party  covered  by  product  liability
  insurance.
    (c)  The  commissioner  of  the  department  of  health  may,  in  his
  discretion,  adopt  in  whole  or  relevant part, the guidelines, rules,
  regulations, studies, or independent laboratory tests performed  on  and
  relied  upon  for  the  certification  or approval of ignition interlock
  devices by other states, their agencies or commissions.
    7.  Use  of other vehicles. (a) Any requirement of this article or the
  penal law that a person operate a vehicle only if it is equipped with an
  ignition interlock device shall apply to every motor vehicle operated by
  that person including, but not limited to,  vehicles  that  are  leased,
  rented or loaned.
    (b)  No person shall knowingly rent, lease, or lend a motor vehicle to
  a person known to have had his or her driving  privilege  restricted  to
  vehicles  equipped  with an ignition interlock device unless the vehicle
  is so equipped. Any person whose  driving  privilege  is  so  restricted
  shall  notify  any  other  person  who  rents,  leases, or loans a motor
  vehicle to him or her of such driving restriction.
    (c) A violation of paragraph (a) or (b) of this subdivision shall be a
  misdemeanor.
    8. Employer vehicle. Notwithstanding the provisions of subdivision one
  and paragraph (d) of subdivision nine of this section, if  a  person  is
  required  to  operate a motor vehicle owned by said person's employer in
  the course and scope of his or her employment, the  person  may  operate
  that  vehicle  without  installation  of  an approved ignition interlock
  device only in the course and scope of such employment and only  if  the
  employer  has been notified that the person's driving privilege has been
  restricted under the provisions of this article or the penal law and the
  person whose privilege has been so restricted has provided the court and
  probation department with written documentation indicating the  employer
  has  knowledge of the restriction imposed and has granted permission for
  the person to operate the employer's vehicle without the device only for
  business purposes. The person shall notify the court and  the  probation
  department of his or her intention to so operate the employer's vehicle.
  A  motor vehicle owned by a business entity which business entity is all
  or partly owned or controlled by  a  person  otherwise  subject  to  the
  provisions of this article or the penal law is not a motor vehicle owned
  by  the  employer  for  purposes  of  the  exemption  provided  in  this
  subdivision. The provisions of this subdivision shall apply only to  the
  operation of such vehicle in the scope of such employment.
    9.  Circumvention  of  interlock  device.  (a) No person whose driving
  privilege is restricted pursuant to this article or the penal law  shall
  request,  solicit  or  allow  any  other person to blow into an ignition
  interlock device, or to start a motor vehicle equipped with the  device,
  for  the  purpose of providing the person so restricted with an operable
  motor vehicle.
    (b) No person shall blow into an ignition interlock device or start  a
  motor  vehicle  equipped with the device for the purpose of providing an
  operable motor vehicle  to  a  person  whose  driving  privilege  is  so
  restricted.
    (c)  No  person  shall tamper with or circumvent an otherwise operable
  ignition interlock device.
    (d) No person subject to a court  ordered  ignition  interlock  device
  shall operate a motor vehicle without such device.
    (e)  In  addition to any other provisions of law, any person convicted
  of a violation of paragraph (a), (b), (c), or (d)  of  this  subdivision
  shall be guilty of a Class A misdemeanor.
    10.  Warning  label.  The  department of health shall design a warning
  label which the manufacturer shall  affix  to  each  ignition  interlock
  device upon installation in the state. The label shall contain a warning
  that  any  person  tampering,  circumventing,  or otherwise misusing the
  device is guilty of a misdemeanor and may be subject to civil liability.
    * NB Repealed September 1, 2017

 S 1198-a.  Special  procedures  and disposition involving alcohol and
  substance abuse assessment and treatment. 1. Definitions.  For  purposes
  of this section, the following terms shall have the following meanings:
    (a)  "Alcohol  and  substance  abuse  professional" shall mean persons
  credentialed by the office of alcoholism and substance abuse services to
  provide alcohol and substance abuse  services  pursuant  to  the  mental
  hygiene law and persons licensed by the state education department in an
  appropriate  health  field,  including  licensed clinical social worker,
  licensed master social worker, licensed mental health  counselor,  nurse
  practitioner,    physician,    physician's    assistant,   psychiatrist,
  psychologist, and registered nurse.
    (b) "Licensed agency" shall mean an agency licensed by the  office  of
  alcoholism and substance abuse services to provide alcohol and substance
  abuse services pursuant to the mental hygiene law.
    2.  Procedure.  (a)  Mandatory  screening;  when  authorized. Upon the
  arraignment of, or  at  the  discretion  of  the  court,  prior  to  the
  sentencing of any person who (i) at arraignment is charged with or prior
  to  sentencing  convicted  of  a  first  violation  of operating a motor
  vehicle in violation of subdivision one, two or three or  paragraph  (b)
  of  subdivision  two-a  of  section  eleven  hundred  ninety-two of this
  article while such person has less than .15 of one per centum by  weight
  of  alcohol  in the person's blood as shown by chemical analysis of such
  person's blood, breath, urine or saliva made pursuant to the  provisions
  of  section  eleven hundred ninety-four of this article, or in violation
  of subdivision four of such section eleven hundred ninety-two,  or  (ii)
  has  refused  to  submit  to  a chemical test pursuant to section eleven
  hundred ninety-four of this article, the court shall order  such  person
  to  submit  to  screening  for alcohol or substance abuse and dependency
  using a standardized  written  screening  instrument  developed  by  the
  office of alcoholism and substance abuse services, to be administered by
  an alcohol or substance abuse professional.
    (b)  Mandatory  assessment;  when  authorized. The court shall order a
  defendant to undergo a formal alcohol or substance abuse and  dependency
  assessment  by  an alcohol or substance abuse professional or a licensed
  agency: (i) when  the  screening  required  by  paragraph  (a)  of  this
  subdivision  indicates  that  a  defendant  is abusing or dependent upon
  alcohol or drugs; (ii) following the arraignment of any  person  charged
  with  or, at the discretion of the court, prior to the sentencing of any
  person convicted of a violation of subdivision one, two, three, four  or
  four-a of section eleven hundred ninety-two of this article after having
  been  convicted  of  a  violation  of  any subdivision of section eleven
  hundred ninety-two of this article or of vehicular assault in the second
  or first degree, as defined, respectively, in sections 120.03 and 120.04
  of the penal law or of  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 of the penal law or of aggravated vehicular homicide, as  defined
  in  section  125.14 of such law within the preceding five years or after
  having been convicted of a violation of any subdivision of such  section
  or  of  vehicular  assault  in  the  second or first degree, as defined,
  respectively, in sections 120.03 and 120.04  of  the  penal  law  or  of
  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 of the penal law or
  of aggravated vehicular homicide, as defined in section 125.14  of  such
  law,  two  or  more  times  within  the  preceding  ten  years; or (iii)
  following the  arraignment  of  any  person  charged  with  or,  at  the
  discretion of the court, prior to the sentencing of any person convicted
  of operating a motor vehicle in violation of subdivision two or three or
  paragraph  (b) of subdivision two-a of section eleven hundred ninety-two
  of this article while such person has .15 of one per centum or  more  by
  weight  of alcohol in the person's blood as shown by a chemical analysis
  of such person's blood, breath, urine or saliva  made  pursuant  to  the
  provisions  of  section eleven hundred ninety-four of this article or in
  violation of paragraph  (a)  of  subdivision  two-a  of  section  eleven
  hundred ninety-two of this article.
    (c) Mandatory assessment; procedure. The assessment ordered by a court
  pursuant  to  this section shall be performed by an alcohol or substance
  abuse professional or a licensed agency which shall forward the results,
  in writing, to the court and to the defendant  or  his  or  her  counsel
  within thirty days of the date of such order.
    3.   Authorized  disposition.  When  a  sentence  of  probation  or  a
  conditional discharge is imposed upon a person who has been required  to
  undergo an alcohol or substance abuse and dependency assessment pursuant
  to  subdivision  two of this section and where such assessment indicates
  that such person is in need of treatment for alcohol or substance  abuse
  or dependency, the court shall require, as a condition of such sentence,
  that   such   person  participate  in  and  successfully  complete  such
  treatment. Such treatment shall be provided by an alcohol  or  substance
  abuse professional or a licensed agency.
    4.  Any  case  wherein  a  court  has  accepted a plea pursuant to the
  provisions of subparagraph (ii) of paragraph (a) of subdivision  ten  of
  section eleven hundred ninety-two of this article and such plea includes
  as  a  condition  thereof  that  the  defendant  attend and complete the
  alcohol and drug rehabilitation program established pursuant to  section
  eleven  hundred ninety-six of this article, including any assessment and
  treatment required thereby, shall be deemed to be in compliance with the
  provisions of this section.
    5. The chief administrator of the office of court administration shall
  make available to all courts in this state with jurisdiction in criminal
  cases a list of alcohol and substance abuse professionals  and  licensed
  agencies  as  provided  by  the office of alcoholism and substance abuse
  services pursuant to subdivision (g) of  section  19.07  of  the  mental
  hygiene law.
    6.  Confidentiality  of  records.  (a)  The records and content of all
  screenings,  assessments  and  treatment  conducted  pursuant  to   this
  section,  including  the  identity,  diagnosis  and  prognosis  of  each
  individual who is  the  subject  of  such  records,  and  including  any
  statements  or  admissions  of such individual made during the course of
  such screenings, assessments and treatment, shall be confidential, shall
  not be disclosed except as authorized by this subdivision, and shall not
  be  entered  or  received  as  evidence  at  any  civil,   criminal   or
  administrative  trial,  hearing  or  proceeding. No person, other than a
  defendant to whom  such  records  are  disclosed,  may  redisclose  such
  records.
    (b)  Consistent with Section 290 dd-2 of Title 42 of the United States
  Code, as such law may, from time to time, be amended, such  records  and
  content may only be disclosed as follows:
    (i)  to  a court for the sole purpose of requiring a defendant charged
  with or convicted of a violation of subdivision one, two, two-a,  three,
  four  or  four-a of section eleven hundred ninety-two of this article to
  undergo  alcohol  or  substance  abuse  or  dependency   assessment   or
  treatment;
    (ii) to the defendant or his or her authorized representative; and
    (iii) to medical personnel to the extent necessary to meet a bona fide
  medical emergency.
    7.   Effect   of  completion  of  treatment.  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 treatment ordered pursuant to this section
  as  certified by the alcohol or substance abuse professional or licensed
  agency which provided such treatment, the defendant  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 defendant's
  conviction.  In  the  exercise  of  discretion,  upon  receipt  of  such
  application, and upon payment of  any  civil  penalties  for  which  the
  defendant  may  be  liable,  the commissioner is authorized to terminate
  such order or orders and return the defendant'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 or restoration is prohibited by subdivision  two  of
  section eleven hundred ninety-three of this article.

S 1199. Driver responsibility assessment. 1. In addition to any fines,
  fees,  penalties  and surcharges authorized by law, any person convicted
  of a violation of any subdivision of section eleven  hundred  ninety-two
  of  this article, or any person found to have refused a chemical test in
  accordance with section eleven hundred ninety-four of this  article  not
  arising  out of the same incident as a conviction for a violation of any
  of the provisions of section eleven hundred ninety-two of this  article,
  shall   become  liable  to  the  department  for  payment  of  a  driver
  responsibility assessment as provided in this section.
    2. The amount of  the  driver  responsibility  assessment  under  this
  section  shall  be  two  hundred fifty dollars per year for a three-year
  period.
    3. Upon receipt of evidence that a person is  liable  for  the  driver
  responsibility  assessment  required  by  this section, the commissioner
  shall notify such person by first class mail  to  the  address  of  such
  person on file with the department or at the current address provided by
  the  United  States postal service of the amount of such assessment, the
  time and manner of making required payments, and that  failure  to  make
  payment shall result in the suspension of his or her driver's license or
  privilege of obtaining a driver's license.
    4.  If a person shall fail to pay any driver responsibility assessment
  as provided  in  this  section,  the  commissioner  shall  suspend  such
  person's  driver's  license  or  privilege  of obtaining a license. Such
  suspension shall remain in effect until any and all  outstanding  driver
  responsibility assessments have been paid in full.
    5.  The  provisions  of  this  section shall also be applicable to any
  person convicted  of  any  violation  of  section  forty-nine-a  of  the
  navigation  law, any person convicted of a violation of section 25.24 of
  the parks, recreation and historic preservation law, or any person found
  to have refused a  chemical  test  in  accordance  with  the  applicable
  provisions  of  either  the  navigation law or the parks, recreation and
  historic preservation law not arising out of the same incident  as  such
  conviction.

Top of Page
Section Sub Description of Violation
1192 1 D.W.A.I. (alcohol)
1192 2 D.W.I. (.08% or more) / tested
1192 3 D.W.I. / observation
1192 4 D.W.A.I. (drugs)
1194 2(b) Refusal of screening test
Vehicle and Traffic Law Driver's License Points Guide

Vehicle and Traffic Law - Table of Contents

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