2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto › 1196 - Alcohol and Drug Rehabilitation Program.

§ 1196. Alcohol   and   drug   rehabilitation   program.   1.  Program
establishment.  There  is  hereby  established  an  alcohol   and   drug
rehabilitation  program  within  the  department  of motor vehicles. The
commissioner shall  establish,  by  regulation,  the  instructional  and
rehabilitative  aspects of the program. Such program shall consist of at
least fifteen hours and include, but need not be limited  to,  classroom
instruction  in  areas  deemed  suitable  by the commissioner. No person
shall be required to attend or participate in such program or any aspect
thereof  for  a  period  exceeding  eight   months   except   upon   the
recommendation of the department of mental hygiene or appropriate health
officials administering the program on behalf of a municipality.
2.  Curriculum.  The  form,  content and method of presentation of the
various  aspects  of  such  program  shall   be   established   by   the
commissioner.  In the development of the form, curriculum and content of
such program, the commissioner may  consult  with  the  commissioner  of
mental  health,  the  director of the division of alcoholism and alcohol
abuse, the director of the division of substance abuse services and  any
other state department or agency and request and receive assistance from
them.  The  commissioner  is  also  authorized  to develop more than one
curriculum and course content for such program  in  order  to  meet  the
varying rehabilitative needs of the participants.
3.  Where available. A course in such program shall be available in at
least  every  county  in  the  state,  except  where  the   commissioner
determines  that  there  is  not  a  sufficient  number  of  alcohol  or
drug-related traffic offenses in a county to mandate  the  establishment
of  said  course,  and that provisions be made for the residents of said
county to attend a course in another county where a course exists.
4. Eligibility. Participation in the program shall be limited to those
persons convicted of alcohol or drug-related traffic offenses or persons
who have been adjudicated youthful offenders for alcohol or drug-related
traffic offenses, or persons  found  to  have  been  operating  a  motor
vehicle  after  having  consumed  alcohol in violation of section eleven
hundred ninety-two-a of this article, who choose to participate and  who
satisfy  the  criteria  and  meet  the requirements for participation as
established by this section and the regulations promulgated  thereunder;
provided,  however,  in  the  exercise of discretion, the judge imposing
sentence may prohibit the defendant from enrolling in such program.  The
commissioner  or  deputy  may  exercise discretion, to reject any person
from participation referred to such program and nothing herein contained
shall be construed as creating a right to be included in any  course  or
program  established under this section. In addition, no person shall be
permitted to take part  in  such  program  if,  during  the  five  years
immediately  preceding  commission of an alcohol or drug-related traffic
offense  or  a  finding  of  a  violation  of  section  eleven   hundred
ninety-two-a  of this article, such person has participated in a program
established pursuant to this article or been convicted of a violation of
any subdivision of section eleven hundred  ninety-two  of  this  article
other  than  a  violation  committed  prior  to November first, nineteen
hundred eighty-eight, for which such person did not participate in  such
program.  In  the  exercise  of discretion, the commissioner or a deputy
shall have the right to expel any participant from the program who fails
to satisfy the requirements for participation in  such  program  or  who
fails  to  satisfactorily  participate  in  or attend any aspect of such
program.  Notwithstanding  any  contrary  provisions  of  this  chapter,
satisfactory participation in and completion of a course in such program
shall result in the termination of any sentence of imprisonment that may
have been imposed by reason of a conviction therefor; provided, however,

that  nothing  contained in this section shall delay the commencement of
such sentence.
5.  Effect  of  completion. Except as provided in subparagraph nine of
paragraph (b) of subdivision two of section eleven hundred  ninety-three
or  in subparagraph three of paragraph (d) of subdivision two of section
eleven hundred ninety-four of this article, upon  successful  completion
of  a  course  in  such  program  as  certified  by its administrator, a
participant may apply to the commissioner on a form  provided  for  that
purpose,  for  the  termination  of  the  suspension or revocation order
issued as a result of the  participant's  conviction  which  caused  the
participation  in  such  course.  In  the  exercise  of discretion, upon
receipt of such application, and upon payment of any civil penalties for
which the applicant may be liable, the  commissioner  is  authorized  to
terminate  such  order or orders and return the participant's license or
reinstate the privilege of operating a  motor  vehicle  in  this  state.
However,  the  commissioner  shall not issue any new license nor restore
any license where said issuance of restoral is prohibited by subdivision
two of section eleven hundred ninety-three of this article.
6. Fees. The commissioner shall establish a schedule  of  fees  to  be
paid  by  or on behalf of each participant in the program, and may, from
time to time, modify same. Such fees shall defray the  ongoing  expenses
of  the  program.  Provided, however, that pursuant to an agreement with
the department a municipality, department thereof, or other  agency  may
conduct a course in such program with all or part of the expense of such
course  and  program  being  borne  by  such municipality, department or
agency. In no event shall such fee be refundable, either for reasons  of
the   participant's   withdrawal  or  expulsion  from  such  program  or
otherwise.
7. Conditional license. (a) Notwithstanding any inconsistent provision
of this chapter, participants in the  program,  except  those  penalized
under  paragraph  (d)  of  subdivision  one  of  section  eleven hundred
ninety-three of this article  for  any  violation  of  subdivision  two,
three,  or  four  of  section eleven hundred ninety-two of this article,
may, in the commissioner's discretion, be issued a conditional  driver's
license,  or  if  the holder of a license issued by another jurisdiction
valid for operation in this state, a conditional privilege of  operating
a  motor  vehicle in this state. Such a conditional license or privilege
shall be valid only for use, by the holder thereof, (1) enroute  to  and
from  the  holder's  place of employment, (2) if the holder's employment
requires the operation of a motor vehicle then during the hours thereof,
(3) enroute to and from a class or an activity which  is  an  authorized
part  of  the  alcohol  and drug rehabilitation program and at which his
attendance is required, (4) enroute to and from a class or course at  an
accredited  school,  college  or  university  or  at  a  state  approved
institution of vocational or technical training, (5) to  or  from  court
ordered probation activities, (6) to and from a motor vehicle office for
the transaction of business relating to such license or program, (7) for
a three hour consecutive daytime period, chosen by the administrators of
the  program,  on  a  day during which the participant is not engaged in
usual employment  or  vocation,  (8)  enroute  to  and  from  a  medical
examination  or  treatment  as part of a necessary medical treatment for
such participant or member of the participant's household, as  evidenced
by   a  written  statement  to  that  effect  from  a  licensed  medical
practitioner, and (9) enroute to and from a place, including  a  school,
at  which  a  child or children of the holder are cared for on a regular
basis and which is necessary for the holder to  maintain  such  holder's
employment  or enrollment at an accredited school, college or university
or at a state approved institution of vocational or technical  training.

Such  license or privilege shall remain in effect during the term of the
suspension or revocation  of  the  participant's  license  or  privilege
unless earlier revoked by the commissioner.
(b) The conditional license or privilege described in paragraph (a) of
this  subdivision shall be in a form prescribed by the commissioner, and
shall have indicated thereon the conditions imposed by such paragraph.
(c) Upon receipt of a conditional  license  issued  pursuant  to  this
section,  any order issued by a judge, justice or magistrate pursuant to
paragraph (c) of subdivision two of section eleven hundred  ninety-three
of this article shall be surrendered to the department.
(d)  The  commissioner  shall  require  applicants  for  a conditional
license to pay a fee of seventy-five dollars for processing costs.  Such
fees  assessed  under this subdivision shall be paid to the commissioner
for deposit to the general fund and shall be in  addition  to  any  fees
established  by  the  commissioner  pursuant  to subdivision six of this
section to defray the costs  of  the  alcohol  and  drug  rehabilitation
program.
(e)   The   conditional   license  or  privileges  described  in  this
subdivision may be revoked by the  commissioner,  for  sufficient  cause
including,  but  not  limited  to,  failure  to register in the program,
failure  to  attend  or  satisfactorily  participate  in  the  sessions,
conviction  of  any traffic infraction other than one involving parking,
stopping or standing  or  conviction  of  any  alcohol  or  drug-related
traffic  offense,  misdemeanor  or felony. In addition, the commissioner
shall have the right, after a hearing, to revoke the conditional license
or privilege upon receiving notification or evidence that  the  offender
is  not  attempting in good faith to accept rehabilitation. In the event
of such revocation, the fee described in subdivision six of this section
shall not be refunded.
(f) It shall be a traffic infraction for the holder of  a  conditional
license  or  privilege  to operate a motor vehicle upon a public highway
for any use other than those authorized pursuant  to  paragraph  (a)  of
this  subdivision.  When  a  person  is  convicted  of this offense, the
sentence of the court must be a  fine  of  not  less  than  two  hundred
dollars  nor more than five hundred dollars or a term of imprisonment of
not  more  than  fifteen  days  or  both  such  fine  and  imprisonment.
Additionally,  the  conditional  license or privileges described in this
subdivision  shall  be  revoked  by  the  commissioner  upon   receiving
notification  from  the court that the holder thereof has been convicted
of this offense.
(g)  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, any
conditional license or privilege issued  to  a  person  convicted  of  a
violation  of  any  subdivision  of section eleven hundred ninety-two of
this article shall not be valid for  the  operation  of  any  commercial
motor  vehicle.  In  addition,  no such conditional license or privilege
shall be valid for the  operation  of  a  taxicab  as  defined  in  this
chapter.
(h)  Notwithstanding  any  inconsistent provision of this chapter, the
conditional license described  in  this  subdivision  may,  pursuant  to
regulations established by the commissioner, be issued to a person whose
license  has been suspended pending prosecution pursuant to subparagraph
seven of paragraph (e) of subdivision  two  of  section  eleven  hundred
ninety-three of this article.