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.

  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; 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.
  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. 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.

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