§ 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; 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.
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.
