2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation › Article 120 - Assault and Related Offenses › 120.04 - Vehicular Assault in the First Degree.

§ 120.04 Vehicular assault in the first degree.
A person is guilty of vehicular assault in the first degree when he or
she  commits  the  crime  of  vehicular  assault in the second degree as
defined in section 120.03 of this article, and either:
(1) commits such crime while operating  a  motor  vehicle  while  such
person  has  .18  of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis  of  such  person's  blood,
breath,  urine  or  saliva  made  pursuant  to the provisions of section
eleven hundred ninety-four of the vehicle and traffic law;
(2) commits such crime while knowing or having reason  to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of  any  of  the  provisions  of  section  eleven  hundred
ninety-two of the vehicle and traffic law; or (b) his or her license  or
his or her privilege of operating a motor vehicle in the state or his or
her privilege of obtaining a license issued by the commissioner of motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
(3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
(4) causes serious physical injury to more than one other person;
(5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title;
(6) commits such crime while operating a motor vehicle while  a  child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child; or
(7)  commits  such  crime  while  operating  a  vessel in violation of
paragraph (e-1) of  subdivision  two  of  section  forty-nine-a  of  the
navigation  law  while  a child who is fifteen years of age or less is a
passenger in such vessel and causes  serious  physical  injury  to  such
child.
If  it  is  established  that  the person operating such motor vehicle
caused  such  serious  physical  injury  or  injuries  while  unlawfully
intoxicated  or  impaired  by  the  use  of alcohol or a drug, or by the
combined influence of drugs or of alcohol and any drug  or  drugs,  then
there  shall  be  a  rebuttable  presumption  that,  as a result of such
intoxication or impairment by the use of alcohol or a drug,  or  by  the
combined  influence  of  drugs or of alcohol and any drug or drugs, such
person operated the motor vehicle in a manner that caused  such  serious
physical  injury  or  injuries,  as required by this section and section
120.03 of this article.
Vehicular assault in the first degree is a class D felony.