NEW YORK PENAL LAW
A person is guilty of appearance in public under the influence of narcotics or a drug other than alcohol when he appears in a public place under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.
Appearance in public under the influence of narcotics or a drug other than alcohol is a violation.
1. Driving while ability impaired. No person
shall operate a motor vehicle while the person`s ability to operate such
motor vehicle is impaired by the consumption of alcohol.
2. Driving while intoxicated; per se. No person
shall operate a motor vehicle while such person has .10 of one per centum
or more by weight of alcohol in the 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 this article.
3. Driving while intoxicated. No person shall
operate a motor vehicle while in an intoxicated condition.
4. Driving while ability impaired by drugs. No person
shall operate a motor vehicle while the person`s ability to operate such
a motor vehicle is impaired by the use of a drug as defined in this chapter.
5. Commercial motor vehicles: per se - level I.
Notwithstanding the provisions of section eleven hundred ninety-five of
this article, no person shall operate a commercial motor vehicle
while such person has .04 of one per centum or more but not more than .07
of one per centum by weight of alcohol in the 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 this
article; provided, however, nothing contained in this subdivision shall
prohibit the imposition of a charge of a violation of subdivision one of
this section, or of section eleven hundred ninety-two-a of this article
where a person under the age of twenty-one operates a commercial motor
vehicle where a 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, indicates that such operator has .02 of one per centum
or more but less than .04 of one per centum by weight of alcohol in such
operator`s blood.
6. Commercial motor vehicles; per se - level
II. Notwithstanding the provisions of section eleven hundred ninety-five
of this article, no person shall operate a commercial motor vehicle while
such person has more than .07 of one per centum but less than .10 of one
per centum by weight of alcohol in the 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 this article;
provided, however, nothing contained in this subdivision shall prohibit
the imposition of a charge of a violation of subdivision one of this section.
7. Where applicable. The provisions
of this section shall apply upon public highways, private roads open to
motor vehicle traffic and any other parking lot. For the purposes of this
section "parking lot" shall mean any area or areas of private property,
including a driveway, near or contiguous to and provided in connection
with premises and used as a means of access to and egress from a public
highway to such premises and having a capacity for the parking of four
or more motor vehicles. The provisions of this section shall not
apply to any area or areas of private property comprising all or part of
property on which is situated a one or two family residence.
8. Effect of prior out-of-state conviction.
A prior out-of-state conviction for operating a motor vehicle while under
the influence of alcohol or drugs shall be deemed to be a prior conviction
of a violation of subdivision one of this section for purposes of determining
penalties imposed under this section or for purposes of any administrative
action required to be taken pursuant to subdivision two of section
eleven hundred ninety-three of this article; provided, however, that
such conduct, had it occurred in this state, would have constituted a violation
of any of the provisions of this section. This subdivision shall
only apply to convictions occurring on or after November twenty-ninth,
nineteen hundred eighty-five.
8-a. Effect of prior finding of having consumed alcohol.
A prior finding that a person under the age of twenty-one has operated
a motor vehicle after having consumed alcohol pursuant to section eleven
hundred ninety-four-a of this article shall have the same effect as a prior
conviction of a violation of subdivision one of this section solely for
the purpose of determining the length of any license suspension or revocation
required to be imposed under any provision of this article, provided that
the subsequent offense is committed prior to the expiration of the retention
period for such prior offense or offenses set forth in paragraph (k) of
subdivision one of section two hundred one of this chapter.
9. Conviction of a different charge. A driver
may be convicted of a violation of subdivision one, two or three of this
section, notwithstanding that the charge laid before the court alleged
a violation of subdivision two or three of this section, and regardless
of whether or not such conviction is based on a plea of guilty.
10. Plea bargain limitations. (a) In any case
wherein the charge laid before the court alleges a violation of subdivision
two, three or four of this section, any plea of guilty thereafter entered
in satisfaction of such charge must include at least a plea of guilty to
the violation of the provisions of one of the subdivisions of this section,
other than subdivision five or six, and no other disposition by plea of
guilty to any other charge in satisfaction of such charge shall be authorized;
provided, however, if the district attorney, upon reviewing the available
evidence, determines that the charge of a violation of this section is
not warranted, such district attorney may consent, and the court may allow
a disposition by plea of guilty to another charge in satisfaction of such
charge; provided, however, in all such cases, the court shall set forth
upon the record the basis for such disposition. In any case wherein
the charge laid before the court alleges a violation of subdivision one
of this section and the operator was under the age of twenty-one at the
time of such violation, any plea of guilty thereafter entered in satisfaction
of such charge must include at least a plea of guilty to the violation
of such subdivision; provided, however, such charge may instead be satisfied
as provided in paragraph (c) of this subdivision, and, provided further
that, if the district attorney, upon reviewing the available evidence,
determines that the charge of a violation of subdivision one of this section
is not warranted, such district attorney may consent, and the court may
allow a disposition by plea of guilty to another charge in satisfaction
of such charge; provided, however, in all such cases, the court shall set
forth upon the record the basis for such disposition.
(b) In any case
wherein the charge laid before the court alleges a violation of subdivision
one or six of this section while operating a commercial motor vehicle,
any plea of guilty thereafter entered in satisfaction of such charge must
include at least a plea of guilty to the violation of the provisions of
one of the subdivisions of this section and no other disposition by plea
of guilty to any other charge in satisfaction of such charge shall be authorized;
provided, however, if the district attorney upon reviewing the available
evidence determines that the charge of a violation of this section is not
warranted, he may consent, and the court may allow, a disposition by plea
of guilty to another charge is satisfaction of such charge.
(c) Except as provided
in paragraph (b) of this subdivision, in any case wherein the charge laid
before the court alleges a violation of subdivision one of this section
by a person who was under the age of twenty-one at the time of commission
of the offense, the court, with the consent of both parties, may allow
the satisfaction of such charge by the defendant`s agreement to be
subject to action by the commissioner pursuant to section eleven hundred
ninety-four-a of this article. In any such case, the defendant shall waive
the right to a hearing under section eleven hundred ninety-four-a of this
article and such waiver shall have the same force and effect as a finding
of a violation of section eleven hundred ninety-two-a of this article entered
after a hearing conducted pursuant to such section eleven hundred ninety-four-a.
The defendant shall execute such waiver in open court, and, if represented
by counsel, in the presence of his attorney, on a form to be provided by
the commissioner, which shall be forwarded by the court to the commissioner
within ninety-six hours. To be valid, such form shall, at a minimum, contain
clear and conspicuous language advising the defendant that a duly executed
waiver: (i) has the same force and effect as a guilty finding following
a hearing pursuant to section eleven hundred ninety-four-a of this article;
(ii) shall subject the defendant to the imposition of sanctions pursuant
to such section eleven hundred ninety-four-a; and (iii) may subject the
defendant to increased sanctions upon a subsequent violation of this section
or section eleven hundred ninety-two-a of this article. Upon receipt
of a duly executed waiver pursuant to this paragraph, the commissioner
shall take such administrative action and impose such sanctions as may
be required by section eleven hundred ninety-four-a of this article.
11. No person other than an operator of a commercial
motor vehicle may be charged with or convicted of a violation of subdivision
five or six of this section.
12. Driving while intoxicated or while ability impaired
by drugs--serious physical injury or death. In every case where a
person is charged with a violation of subdivision two, three or four of
this section, the law enforcement officer alleging such charge shall make
a clear notation in the "Description of Violation" section of a simplified
traffic information if, arising out of the same incident, someone other
than the person charged was killed or suffered serious physical injury
as defined in section 10.00 of the penal law; such notation shall be in
the form of a "D" if someone other than the person charged was killed and
such notation shall be in the form of a "S.P.I." if someone other than
the person charged suffered serious physical injury; provided, however,
that the failure to make such notation shall in no way affect a charge
for a violation of subdivision two, three or four of this section.
Section 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se.
No person under the age of twenty-one shall operate a motor vehicle
after having consumed alcohol as defined in this section. For purposes
of this section, a person under the age of twenty-one is deemed to have
consumed alcohol only if such person has .02 of one per centum or more
but not more than .07 of one per centum by weight of alcohol in the 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 this article. Any person who operates a motor vehicle in violation of
this section, and who is not charged with a violation of any subdivision
of section eleven hundred ninety-two of this article arising out of the
same incident shall be referred to the department for action in accordance
with the provisions of section eleven hundred ninety-four-a of this article.
Except as otherwise provided in subdivision five of section eleven
hundred ninety-two of this article, this section shall not apply to a person
who operates a commercial motor vehicle. Notwithstanding any provision
of law to the contrary, a finding that a person under the age of
twenty-one operated a motor vehicle after having consumed alcohol in violation
of this section is not a judgment of conviction for a crime or any other
offense.