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 › 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.