NY Penal L § 120.04 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article 120 - Assault and Related Offenses 120.04 - Vehicular Assault in the First Degree.

§ 120.04 Vehicular assault in the first degree.   A person is guilty of vehicular assault in the first degree when he or she  commits  the  crime  of  vehicular  assault in the second degree as defined in section 120.03 of this article, and either:  (1) commits such crime while operating  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 the vehicle and traffic law;  (2) commits such crime while knowing or having reason  to  know  that: (a)  his  or  her  license  or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a  license to  operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in  such  other state for an offense which would, if committed in this state, constitute a  violation  of  any  of  the  provisions  of  section  eleven  hundred ninety-two of the vehicle and traffic law; or (b) his or her license  or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles  is  suspended  or revoked and such suspension or revocation is based upon either a refusal to submit to a  chemical  test  pursuant  to section  eleven  hundred  ninety-four  of the vehicle and traffic law or following a conviction for a violation  of  any  of  the  provisions  of section eleven hundred ninety-two of the vehicle and traffic law;  (3)  has  previously been convicted of violating any of the provisions of section eleven hundred ninety-two of  the  vehicle  and  traffic  law within  the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other  state  or  jurisdiction  for  an offense  which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the  vehicle  and  traffic  law, shall be treated as a violation of such law;  (4) causes serious physical injury to more than one other person;  (5)  has  previously been convicted of violating any provision of this article or article one hundred twenty-five of this title  involving  the operation  of  a  motor  vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of  a  motor  vehicle which,  if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; or  (6) commits such crime while operating a motor vehicle while  a  child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child.   If  it  is  established  that  the person operating such motor vehicle caused  such  serious  physical  injury  or  injuries  while  unlawfully intoxicated  or  impaired  by  the  use  of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug  or  drugs,  then there  shall  be  a  rebuttable  presumption  that,  as a result of such intoxication or impairment by the use of alcohol or a drug,  or  by  the combined  influence  of  drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused  such  serious physical  injury  or  injuries,  as required by this section and section 120.03 of this article.   Vehicular assault in the first degree is a class D felony.