NY Veh & Traf L § 1193 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto 1193 - Sanctions.

§ 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.