Consolidated Laws of New York
Vehicle and Traffic Law
Article 31: Alcohol and Drug-Related Offenses and Procedures Applicable Thereto.
§ 1192. Operating a motor vehicle while under the influence of
alcohol or drugs.
- 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. - 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; 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. - Driving while intoxicated. No person shall operate a motor vehicle while
in an intoxicated condition. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - Driving while intoxicated or while ability impaired by drugs–serious
physical injury or death. 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 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; provided, however, that the failure
to make such notation shall in no way affect a charge for a violation of
subdivision two, two-a, three, four or four-a of this section.
§ 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.
