§ 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; OR 
  (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; or

  (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.
(Added by L.2009 c.496 effective 12/18/09.)

  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.

(As amended by L.2006 c.732 effective 11/01/06,
           and by L.2006 c.746 effective 12/15/06.)