N.Y. PEN Law § 120.04 — New York Code / Act PEN / Part 3 / Title H / Article 120 / Section 120.04
Vehicular assault in the first degree
Status: in_force

§ 120.04 Vehicular assault in the first degree.\n  A person is guilty of vehicular assault in the first degree when he or\nshe commits the crime of vehicular assault in the second degree as\ndefined in section 120.03 of this article, and either:\n  (1) commits such crime while operating a motor vehicle while such\nperson has .18 of one per centum or more by weight of alcohol in such\nperson's blood as shown by chemical analysis of such person's blood,\nbreath, urine or saliva made pursuant to the provisions of section\neleven hundred ninety-four of the vehicle and traffic law;\n  (2) commits such crime while knowing or having reason to know that:\n(a) his or her license or his or her privilege of operating a motor\nvehicle in another state or his or her privilege of obtaining a license\nto operate a motor vehicle in another state is suspended or revoked and\nsuch suspension or revocation is based upon a conviction in such other\nstate for an offense which would, if committed in this state, constitute\na violation of any of the provisions of section eleven hundred\nninety-two of the vehicle and traffic law; or (b) his or her license or\nhis or her privilege of operating a motor vehicle in the state or his or\nher privilege of obtaining a license issued by the commissioner of motor\nvehicles is suspended or revoked and such suspension or revocation is\nbased upon either a refusal to submit to a chemical test pursuant to\nsection eleven hundred ninety-four of the vehicle and traffic law or\nfollowing a conviction for a violation of any of the provisions of\nsection eleven hundred ninety-two of the vehicle and traffic law;\n  (3) has previously been convicted of violating any of the provisions\nof section eleven hundred ninety-two of the vehicle and traffic law\nwithin the preceding ten years, provided that, for the purposes of this\nsubdivision, a conviction in any other state or jurisdiction for an\noffense which, if committed in this state, would constitute a violation\nof section eleven hundred ninety-two of the vehicle and traffic law,\nshall be treated as a violation of such law;\n  (4) causes serious physical injury to more than one other person;\n  (5) has previously been convicted of violating any provision of this\narticle or article one hundred twenty-five of this title involving the\noperation of a motor vehicle, or was convicted in any other state or\njurisdiction of an offense involving the operation of a motor vehicle\nwhich, if committed in this state, would constitute a violation of this\narticle or article one hundred twenty-five of this title;\n  (6) commits such crime while operating a motor vehicle while a child\nwho is fifteen years of age or less is a passenger in such motor vehicle\nand causes serious physical injury to such child; or\n  (7) commits such crime while operating a vessel in violation of\nparagraph (e-1) of subdivision two of section forty-nine-a of the\nnavigation law while a child who is fifteen years of age or less is a\npassenger in such vessel and causes serious physical injury to such\nchild.\n  If it is established that the person operating such motor vehicle\ncaused such serious physical injury or injuries while unlawfully\nintoxicated or impaired by the use of alcohol or a drug, or by the\ncombined influence of drugs or of alcohol and any drug or drugs, then\nthere shall be a rebuttable presumption that, as a result of such\nintoxication or impairment by the use of alcohol or a drug, or by the\ncombined influence of drugs or of alcohol and any drug or drugs, such\nperson operated the motor vehicle in a manner that caused such serious\nphysical injury or injuries, as required by this section and section\n120.03 of this article.\n  Vehicular assault in the first degree is a class D felony.\n