S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    29
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WOERNER, MILLER, SAYEGH, J. M. GIGLIO, RA --
   Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the navigation law, the vehicle  and  traffic  law,  the
   criminal  procedure law and the penal law, in relation to operation of
   a vessel while under the influence of alcohol or drugs; and to  repeal
   certain provisions of the navigation law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 49-a and 49-b of the navigation law  are  REPEALED
 and a new article 4-B is added to read as follows:
                                ARTICLE 4-B
        ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES APPLICABLE
                         TO OPERATION OF A VESSEL
 SECTION 79-D. OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL
                 OR DRUGS.
         79-E. OPERATION OF A VESSEL AFTER HAVING CONSUMED ALCOHOL; UNDER
                 THE AGE OF TWENTY-ONE; PER SE.
         79-F. SANCTIONS.
         79-G. ARREST AND TESTING.
         79-H. OPERATION OF A VESSEL AFTER HAVING CONSUMED ALCOHOL; UNDER
                 TWENTY-ONE; PROCEDURE.
         79-I. CHEMICAL TEST EVIDENCE.
         79-J. ALCOHOL AND DRUG REHABILITATION PROGRAM WITHIN THE DEPART-
                 MENT OF MOTOR VEHICLES.
         79-K. SPECIAL  OPTIONS  PROGRAM  FOR OPERATION OF A VESSEL WHILE
                 INTOXICATED.
         79-L. INSTALLATION AND OPERATION OF IGNITION INTERLOCK DEVICES.
         79-M. SPECIAL PROCEDURES AND DISPOSITION INVOLVING  ALCOHOL  AND
                 SUBSTANCE ABUSE ASSESSMENT AND TREATMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01698-01-3
 A. 29                               2
 
         79-N. DRIVER AND BOATER RESPONSIBILITY ASSESSMENT.
   §  79-D. OPERATION OF A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR
 DRUGS. 1.   DEFINITIONS. AS USED IN THIS  ARTICLE,  UNLESS  THE  CONTEXT
 CLEARLY INDICATES OTHERWISE:
   (A)  THE  TERM  "VESSEL"  SHALL  BE EVERY DESCRIPTION OF WATERCRAFT OR
 OTHER ARTIFICIAL CONTRIVANCE PROPELLED IN WHOLE OR IN PART BY MECHANICAL
 POWER AND, WHICH IS USED OR CAPABLE OF BEING USED AS A MEANS  OF  TRANS-
 PORTATION  OVER  WATER,  AND WHICH IS UNDERWAY AND NOT AT ANCHOR OR MADE
 FAST TO THE SHORE OR GROUND. THE TERM "VESSEL" SHALL INCLUDE  A  "PUBLIC
 VESSEL" AS DEFINED IN THIS SECTION UNLESS OTHERWISE SPECIFIED.
   (B) THE TERM "PUBLIC VESSEL" SHALL MEAN AND INCLUDE EVERY VESSEL WHICH
 IS  PROPELLED  IN  WHOLE  OR  IN PART BY MECHANICAL POWER AND IS USED OR
 OPERATED FOR COMMERCIAL PURPOSES ON THE NAVIGABLE WATERS OF  THE  STATE;
 THAT IS EITHER CARRYING PASSENGERS, CARRYING FREIGHT, TOWING, OR FOR ANY
 OTHER  USE,  FOR  WHICH  A  COMPENSATION IS RECEIVED, EITHER DIRECTLY OR
 WHERE PROVIDED AS AN ACCOMMODATION, ADVANTAGE, FACILITY OR PRIVILEGE  AT
 ANY PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT.
   (C)  THE  TERM  "WATERS  OF  THE  STATE" MEANS ALL OF THE WATERWAYS OR
 BODIES OF WATER LOCATED WITHIN THE STATE OR THAT PART  OF  ANY  BODY  OF
 WATER  WHICH  IS ADJACENT TO THE STATE OVER WHICH THE STATE HAS TERRITO-
 RIAL JURISDICTION, ON WHICH A VESSEL OR PUBLIC VESSEL  MAY  BE  USED  OR
 OPERATED, INCLUDING NASSAU AND SUFFOLK COUNTIES.
   (D) THE TERM "DRUG" MEANS ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE
 HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   (E)  THE  TERM  "COMMISSIONER" MEANS THE COMMISSIONER OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION.
   2. OPERATION OF A VESSEL WHILE ABILITY IMPAIRED. NO PERSON SHALL OPER-
 ATE A VESSEL UPON THE WATERS OF THIS STATE WHILE THE PERSON'S ABILITY TO
 OPERATE SUCH VESSEL IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   3. OPERATION OF A VESSEL WHILE INTOXICATED; PER SE.  NO  PERSON  SHALL
 OPERATE A VESSEL UPON THE WATERS OF THIS STATE WHILE SUCH PERSON HAS .08
 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 SEVENTY-NINE-G OF
 THIS ARTICLE.
   4. AGGRAVATED OPERATION OF A VESSEL WHILE INTOXICATED. (A) PER SE.  NO
 PERSON SHALL OPERATE A VESSEL UPON THE WATERS OF THIS STATE  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
 SEVENTY-NINE-G OF THIS ARTICLE.
   (B) WITH A CHILD. NO PERSON SHALL OPERATE A  VESSEL  IN  VIOLATION  OF
 SUBDIVISION  THREE, FIVE, SIX OR SEVEN OF THIS SECTION WHILE A CHILD WHO
 IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH VESSEL.
   5. OPERATION OF A VESSEL WHILE INTOXICATED. NO PERSON SHALL OPERATE  A
 VESSEL WHILE IN AN INTOXICATED CONDITION.
   6.  OPERATION  OF  A VESSEL WHILE ABILITY IMPAIRED BY DRUGS. NO PERSON
 SHALL OPERATE A VESSEL WHILE THE PERSON'S  ABILITY  TO  OPERATE  SUCH  A
 VESSEL IS IMPAIRED BY THE USE OF A DRUG AS DEFINED IN THIS SECTION.
   7. OPERATION OF A VESSEL WHILE ABILITY IMPAIRED BY THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS. NO PERSON SHALL OPER-
 ATE  A  VESSEL  WHILE  THE  PERSON'S  ABILITY  TO OPERATE SUCH VESSEL IS
 IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND  ANY  DRUG
 OR DRUGS.
   8. PUBLIC VESSELS: PER SE - LEVEL I. NOTWITHSTANDING THE PROVISIONS OF
 SECTION SEVENTY-NINE-I OF THIS ARTICLE, NO PERSON SHALL OPERATE A PUBLIC
 A. 29                               3
 
 VESSEL  WHILE SUCH PERSON HAS .04 OF ONE PER CENTUM OR MORE BUT NOT MORE
 THAN .06 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 SEVENTY-NINE-G OF
 THIS ARTICLE; PROVIDED, HOWEVER, NOTHING CONTAINED IN  THIS  SUBDIVISION
 SHALL  PROHIBIT THE IMPOSITION OF A CHARGE OF A VIOLATION OF SUBDIVISION
 TWO OF THIS SECTION, OR OF SECTION SEVENTY-NINE-E OF THIS ARTICLE  WHERE
 A  PERSON  UNDER  THE AGE OF TWENTY-ONE OPERATES A PUBLIC VESSEL WHERE A
 CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE, OR SALIVA, MADE
 PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-NINE-G  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.
   9.  PUBLIC  VESSELS; PER SE - LEVEL II. NOTWITHSTANDING THE PROVISIONS
 OF SECTION SEVENTY-NINE-I OF THIS ARTICLE, NO  PERSON  SHALL  OPERATE  A
 PUBLIC  VESSEL WHILE SUCH PERSON HAS MORE THAN .06 OF ONE PER CENTUM BUT
 LESS THAN .08 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  SEVENTY-
 NINE-G  OF  THIS  ARTICLE;  PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS
 SUBDIVISION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF A VIOLATION  OF
 SUBDIVISION TWO OF THIS SECTION.
   10.  EFFECT  OF  PRIOR  OUT-OF-STATE  CONVICTION. A PRIOR OUT-OF-STATE
 CONVICTION FOR OPERATING A VESSEL WHILE UNDER THE INFLUENCE  OF  ALCOHOL
 OR DRUGS SHALL BE DEEMED TO BE A PRIOR CONVICTION OF A VIOLATION OF THIS
 SECTION FOR PURPOSES OF DETERMINING PENALTIES IMPOSED UNDER THIS SECTION
 OR FOR PURPOSES OF ANY ADMINISTRATIVE ACTION REQUIRED TO BE TAKEN PURSU-
 ANT  TO  SUBDIVISION  THREE  OF  SECTION SEVENTY-NINE-F OF THIS ARTICLE;
 PROVIDED, HOWEVER, THAT SUCH CONDUCT, HAD IT  OCCURRED  IN  THIS  STATE,
 WOULD  HAVE  CONSTITUTED A MISDEMEANOR OR FELONY VIOLATION OF ANY OF THE
 PROVISIONS OF THIS SECTION. PROVIDED, HOWEVER, THAT IF SUCH CONDUCT, HAD
 IT OCCURRED IN THIS STATE, WOULD HAVE CONSTITUTED  A  VIOLATION  OF  ANY
 PROVISIONS OF THIS SECTION WHICH ARE NOT MISDEMEANOR OR FELONY OFFENSES,
 THEN  SUCH  CONDUCT  SHALL  BE  DEEMED  TO  BE  A  PRIOR CONVICTION OF A
 VIOLATION OF SUBDIVISION TWO OF THIS SECTION FOR PURPOSES OF DETERMINING
 PENALTIES IMPOSED UNDER THIS SECTION OR FOR PURPOSES OF ANY  ADMINISTRA-
 TIVE  ACTION  REQUIRED  TO  BE  TAKEN  PURSUANT  TO SUBDIVISION THREE OF
 SECTION SEVENTY-NINE-F OF THIS ARTICLE.
   11. EFFECT OF PRIOR FINDING OF HAVING CONSUMED ALCOHOL. A PRIOR  FIND-
 ING  THAT  A  PERSON  UNDER  THE AGE OF TWENTY-ONE HAS OPERATED A VESSEL
 AFTER HAVING CONSUMED ALCOHOL PURSUANT TO SECTION SEVENTY-NINE-G OF THIS
 ARTICLE SHALL HAVE THE SAME EFFECT AS A PRIOR CONVICTION OF A  VIOLATION
 OF SUBDIVISION TWO OF THIS SECTION SOLELY FOR THE PURPOSE OF DETERMINING
 THE  LENGTH  OF ANY SUSPENSION OR REVOCATION OF THE OPERATOR'S PRIVILEGE
 TO OPERATE A VESSEL 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 THE VEHICLE AND TRAFFIC LAW.
   12.  CONVICTION OF A DIFFERENT CHARGE. AN OPERATOR MAY BE CONVICTED OF
 A VIOLATION OF SUBDIVISION TWO, THREE OR FIVE OF THIS SECTION,  NOTWITH-
 STANDING  THAT  THE  CHARGE LAID BEFORE THE COURT ALLEGED A VIOLATION OF
 SUBDIVISION THREE OR FIVE OF THIS SECTION, AND REGARDLESS OF WHETHER  OR
 NOT SUCH CONVICTION IS BASED ON A PLEA OF GUILTY.
   13.  PLEA  BARGAIN LIMITATIONS. (A) (I) IN ANY CASE WHEREIN THE CHARGE
 LAID BEFORE THE COURT ALLEGES A VIOLATION OF  SUBDIVISION  THREE,  FIVE,
 A. 29                               4
 
 SIX  OR  SEVEN 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  ANY OF THE SUBDIVISIONS OF THIS
 SECTION,  OTHER THAN SUBDIVISION EIGHT OR NINE, 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.
   (II)  IN  ANY  CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF SUBDIVISION THREE, FIVE, SIX OR SEVEN OF THIS  SECTION,  NO
 PLEA  OF  GUILTY TO SUBDIVISION TWO OF THIS SECTION SHALL BE ACCEPTED BY
 THE COURT UNLESS SUCH PLEA INCLUDES AS A CONDITION THEREOF THE  REQUIRE-
 MENT  THAT  THE DEFENDANT ATTEND AND COMPLETE THE ALCOHOL AND DRUG REHA-
 BILITATION PROGRAM ESTABLISHED PURSUANT  TO  SECTION  SEVENTY-NINE-J  OF
 THIS  ARTICLE,  INCLUDING ANY ASSESSMENT AND TREATMENT REQUIRED THEREBY;
 PROVIDED, HOWEVER, THAT SUCH REQUIREMENT MAY BE WAIVED BY THE COURT UPON
 APPLICATION OF THE DISTRICT ATTORNEY OR THE DEFENDANT DEMONSTRATING THAT
 THE DEFENDANT, AS A CONDITION OF THE PLEA, HAS BEEN  REQUIRED  TO  ENTER
 INTO AND COMPLETE AN ALCOHOL OR DRUG TREATMENT PROGRAM PRESCRIBED PURSU-
 ANT  TO  AN ALCOHOL OR SUBSTANCE ABUSE SCREENING OR ASSESSMENT CONDUCTED
 PURSUANT TO SECTION SEVENTY-NINE-M OF THIS ARTICLE  OR  FOR  OTHER  GOOD
 CAUSE  SHOWN.  THE PROVISIONS OF THIS SUBPARAGRAPH SHALL APPLY, NOTWITH-
 STANDING ANY BARS TO PARTICIPATION IN THE  ALCOHOL  AND  DRUG  REHABILI-
 TATION  PROGRAM  SET  FORTH  IN  SECTION SEVENTY-NINE-J OF THIS ARTICLE;
 PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH  SHALL  AUTHORIZE  THE
 ISSUANCE OF A CONDITIONAL PRIVILEGE TO OPERATE A VESSEL UNLESS OTHERWISE
 AUTHORIZED BY LAW.
   (III)  IN  ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF SUBDIVISION TWO 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, HOWEV-
 ER, 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 TWO 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 TWO OR EIGHT OF THIS SECTION WHILE OPERATING  A
 PUBLIC  VESSEL, 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 ANY 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 OR SHE MAY
 CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION BY  PLEA  OF  GUILTY  TO
 ANOTHER CHARGE IS SATISFACTION OF SUCH CHARGE.
 A. 29                               5
 
   (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  TWO  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  SEVENTY-NINE-H OF THIS ARTICLE. IN ANY SUCH CASE,
 THE DEFENDANT SHALL WAIVE THE RIGHT TO A HEARING UNDER SECTION  SEVENTY-
 NINE-H  OF  THIS  ARTICLE  AND SUCH WAIVER SHALL HAVE THE SAME FORCE AND
 EFFECT AS A FINDING OF A VIOLATION OF  SECTION  SEVENTY-NINE-E  OF  THIS
 ARTICLE  ENTERED  AFTER  A  HEARING  CONDUCTED  PURSUANT TO SUCH SECTION
 SEVENTY-NINE-H. THE DEFENDANT SHALL EXECUTE SUCH WAIVER IN  OPEN  COURT,
 AND,  IF REPRESENTED BY COUNSEL, IN THE PRESENCE OF HIS OR HER 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 SEVENTY-NINE-H OF THIS ARTICLE; (II) SHALL SUBJECT THE DEFENDANT
 TO  THE IMPOSITION OF SANCTIONS PURSUANT TO SUCH SECTION SEVENTY-NINE-H;
 AND (III) MAY SUBJECT THE DEFENDANT TO INCREASED SANCTIONS UPON A SUBSE-
 QUENT VIOLATION OF THIS SECTION OR SECTION SEVENTY-NINE-E OF THIS  ARTI-
 CLE.  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 SEVENTY-NINE-H OF THIS ARTICLE.
   (D)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF SUBDIVISION FOUR OF THIS SECTION, ANY PLEA OF GUILTY THERE-
 AFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST  INCLUDE  AT  LEAST  A
 PLEA  OF GUILTY TO THE VIOLATION OF THE PROVISIONS OF SUBDIVISION THREE,
 FOUR OR FIVE 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 AVAIL-
 ABLE 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. PROVIDED,
 FURTHER, HOWEVER, THAT NO SUCH PLEA  SHALL  BE  ACCEPTED  BY  THE  COURT
 UNLESS  SUCH  PLEA  INCLUDES AS A CONDITION THEREOF THE REQUIREMENT THAT
 THE DEFENDANT ATTEND AND COMPLETE THE ALCOHOL  AND  DRUG  REHABILITATION
 PROGRAM  ESTABLISHED PURSUANT TO SECTION SEVENTY-NINE-J OF THIS ARTICLE,
 INCLUDING ANY  ASSESSMENT  AND  TREATMENT  REQUIRED  THEREBY;  PROVIDED,
 HOWEVER,  THAT SUCH REQUIREMENT MAY BE WAIVED BY THE COURT UPON APPLICA-
 TION OF THE DISTRICT ATTORNEY OR THE DEFENDANT  DEMONSTRATING  THAT  THE
 DEFENDANT,  AS  A CONDITION OF THE PLEA, HAS BEEN REQUIRED TO ENTER INTO
 AND COMPLETE AN ALCOHOL OR DRUG TREATMENT PROGRAM PRESCRIBED PURSUANT TO
 AN ALCOHOL OR SUBSTANCE ABUSE SCREENING OR ASSESSMENT CONDUCTED PURSUANT
 TO SECTION SEVENTY-NINE-M OF THIS ARTICLE OR FOR OTHER GOOD CAUSE SHOWN.
 THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY, NOTWITHSTANDING  ANY  BARS
 TO  PARTICIPATION  IN  THE  ALCOHOL  AND DRUG REHABILITATION PROGRAM SET
 FORTH IN SECTION SEVENTY-NINE-J OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE THE ISSUANCE OF A  CONDITIONAL
 PRIVILEGE TO OPERATE A VESSEL UNLESS OTHERWISE AUTHORIZED BY LAW.
   14.  CHARGES AGAINST OPERATOR OF A PUBLIC VESSEL. NO PERSON OTHER THAN
 AN OPERATOR OF A PUBLIC VESSEL MAY BE CHARGED WITH  OR  CONVICTED  OF  A
 VIOLATION OF SUBDIVISION EIGHT OR NINE OF THIS SECTION.
 A. 29                               6
 
   15.  OPERATION OF A VESSEL WHILE INTOXICATED OR WHILE ABILITY IMPAIRED
 BY DRUGS--SERIOUS PHYSICAL INJURY OR DEATH OR CHILD IN THE  VESSEL.  (A)
 IN  EVERY CASE WHERE A PERSON IS CHARGED WITH A VIOLATION OF SUBDIVISION
 THREE, FOUR, FIVE, SIX OR SEVEN 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
 (I)  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  NOTA-
 TION SHALL BE IN THE FORM OF A "S.P.I." IF SOMEONE OTHER THAN THE PERSON
 CHARGED  SUFFERED  SERIOUS  PHYSICAL  INJURY;  AND  (II) IF A CHILD AGED
 FIFTEEN YEARS OR LESS WAS PRESENT IN THE VESSEL OF  THE  PERSON  CHARGED
 WITH  A VIOLATION OF SUBDIVISION THREE, FOUR, FIVE, SIX OR SEVEN OF THIS
 SECTION; SUCH NOTATION SHALL BE  IN  THE  FORM  OF  "C.I.V.".  PROVIDED,
 HOWEVER,  THAT THE FAILURE TO MAKE SUCH NOTATIONS SHALL IN NO WAY AFFECT
 A CHARGE FOR A VIOLATION OF SUBDIVISION THREE, FOUR, FIVE, SIX OR  SEVEN
 OF THIS SECTION.
   (B)  WHERE  A LAW ENFORCEMENT OFFICER ALLEGES A VIOLATION OF PARAGRAPH
 (B) OF SUBDIVISION FOUR OF THIS SECTION AND THE OPERATOR OF  THE  VESSEL
 IS  A PARENT, GUARDIAN, OR CUSTODIAN OF, OR OTHER PERSON LEGALLY RESPON-
 SIBLE FOR, A CHILD AGED FIFTEEN YEARS OR LESS WHO IS A PASSENGER IN SUCH
 VESSEL, THEN THE OFFICER SHALL REPORT OR CAUSE A REPORT TO BE  MADE,  IF
 APPLICABLE,  IN  ACCORDANCE  WITH TITLE SIX OF ARTICLE SIX OF THE SOCIAL
 SERVICES LAW.
   § 79-E. OPERATION OF A VESSEL AFTER HAVING CONSUMED ALCOHOL; UNDER THE
 AGE OF TWENTY-ONE; PER SE. NO PERSON UNDER THE AGE OF  TWENTY-ONE  SHALL
 OPERATE  A  VESSEL  AFTER  HAVING  CONSUMED ALCOHOL AS DESCRIBED IN THIS
 SECTION. FOR PURPOSES OF THIS SECTION, A PERSON UNDER THE AGE  OF  TWEN-
 TY-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 SEVENTY-NINE-G OF THIS ARTICLE. ANY  PERSON  WHO  OPERATES  A
 VESSEL  IN  VIOLATION  OF  THIS  SECTION,  AND WHO IS NOT CHARGED WITH A
 VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF  THIS  ARTICLE
 ARISING  OUT  OF  THE  SAME  INCIDENT SHALL BE REFERRED TO THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION  FOR  ACTION  IN  ACCORDANCE
 WITH THE PROVISIONS OF SECTION SEVENTY-NINE-H OF THIS ARTICLE. EXCEPT AS
 OTHERWISE  PROVIDED  IN  SUBDIVISION  EIGHT OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE, THIS SECTION SHALL NOT APPLY TO A PERSON  WHO  OPERATES  A
 PUBLIC  VESSEL.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A
 FINDING THAT A PERSON UNDER THE AGE  OF  TWENTY-ONE  OPERATED  A  VESSEL
 AFTER  HAVING  CONSUMED  ALCOHOL  IN  VIOLATION OF THIS SECTION IS NOT A
 JUDGMENT OF CONVICTION FOR A CRIME OR ANY OTHER OFFENSE.
   § 79-F. SANCTIONS. 1. CRIMINAL PENALTIES. (A) OPERATION  OF  A  VESSEL
 WHILE ABILITY IMPAIRED. A VIOLATION OF SUBDIVISION TWO OF SECTION SEVEN-
 TY-NINE-D  OF  THIS ARTICLE SHALL BE A VIOLATION 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  VESSEL  IN VIOLATION OF SUCH SUBDIVISION AFTER
 HAVING BEEN CONVICTED OF A  VIOLATION  OF  ANY  SUBDIVISION  OF  SECTION
 SEVENTY-NINE-D  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
 A. 29                               7
 
 DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
 MENT. A PERSON WHO OPERATES A VESSEL IN VIOLATION  OF  SUCH  SUBDIVISION
 AFTER  HAVING  BEEN  CONVICTED  TWO  OR MORE TIMES OF A VIOLATION OF ANY
 SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE WITHIN THE PRECED-
 ING 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 ONE
 THOUSAND FIVE 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) OPERATION OF A VESSEL 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 OPERATION WHILE INTOXICAT-
 ED; MISDEMEANOR OFFENSES. (I) A VIOLATION OF  SUBDIVISION  THREE,  FIVE,
 SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTICLE SHALL BE A MISDE-
 MEANOR  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  FOUR
 OF  SECTION  SEVENTY-NINE-D  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 IMPRISON-
 MENT SET FORTH IN THIS PARAGRAPH, THE COURT  SHALL  ALSO  SENTENCE  SUCH
 PERSON CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION
 OF  SUBDIVISION  THREE,  FOUR  OR FIVE OF SECTION SEVENTY-NINE-D 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 ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT  OF  THE
 VEHICLE  AND  TRAFFIC  LAW,  AN  IGNITION INTERLOCK DEVICE IN ANY VESSEL
 OWNED OR OPERATED BY SUCH PERSON DURING THE TERM OF  SUCH  PROBATION  OR
 CONDITIONAL  DISCHARGE  IMPOSED  FOR  SUCH VIOLATION OF SECTION SEVENTY-
 NINE-D 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 INTER-
 LOCK 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 VESSEL
 BY  ANY  PERSON  WHOSE  PRIVILEGE  TO  OPERATE A VESSEL HAS BEEN REVOKED
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (C) FELONY OFFENSES. (I)  A  PERSON  WHO  OPERATES  A  VESSEL  (A)  IN
 VIOLATION  OF  SUBDIVISION  THREE,  FOUR,  FIVE, SIX OR SEVEN OF SECTION
 SEVENTY-NINE-D  OF  THIS  ARTICLE  AFTER  HAVING  BEEN  CONVICTED  OF  A
 VIOLATION  OF SUCH SUBDIVISIONS OR OF VEHICULAR ASSAULT IN THE SECOND OR
 FIRST DEGREE, AS DEFINED, 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,  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 FOUR OF SECTION SEVENTY-NINE-D
 OF THIS ARTICLE SHALL BE GUILTY OF  A  CLASS  E  FELONY,  AND  SHALL  BE
 A. 29                               8
 
 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 VESSEL IN VIOLATION OF SUBDIVISION THREE,
 FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTICLE AFTER
 HAVING  BEEN CONVICTED OF A VIOLATION OF SUCH SUBDIVISIONS OR OF VEHICU-
 LAR ASSAULT IN THE SECOND OR FIRST DEGREE, AS DEFINED 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 IN SECTIONS 125.12 AND  125.13  AND  AGGRAVATED
 VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF SUCH LAW, TWICE WITH-
 IN  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.
   (III) A PERSON WHO OPERATES  A  VESSEL  IN  VIOLATION  OF  SUBDIVISION
 THREE,  FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTI-
 CLE AFTER HAVING BEEN CONVICTED OF A VIOLATION OF SUCH  SUBDIVISIONS  OR
 OF  VEHICULAR  ASSAULT  IN  THE  SECOND  OR  FIRST DEGREE, AS DEFINED 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 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.
   (IV)  IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
 MENT SET FORTH IN THIS PARAGRAPH, THE COURT  SHALL  ALSO  SENTENCE  SUCH
 PERSON CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION
 OF  SUBDIVISION  THREE,  FOUR  OR FIVE OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE TO A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, AS  A  CONDI-
 TION  OF  WHICH  IT  SHALL ORDER SUCH PERSON TO INSTALL AND MAINTAIN, IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF
 THE VEHICLE AND TRAFFIC LAW, AN IGNITION INTERLOCK DEVICE IN ANY  VESSEL
 OWNED  OR  OPERATED  BY SUCH PERSON DURING THE TERM OF SUCH PROBATION OR
 CONDITIONAL DISCHARGE IMPOSED FOR SUCH  VIOLATION  OF  SECTION  SEVENTY-
 NINE-D  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 INTER-
 LOCK  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 VESSEL
 BY ANY PERSON WHOSE PRIVILEGE TO  OPERATE  A  VESSEL  HAS  BEEN  REVOKED
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (D) ALCOHOL OR DRUG-RELATED OFFENSES; SPECIAL VESSELS. (I) A VIOLATION
 OF  SUBDIVISION EIGHT OF SECTION SEVENTY-NINE-D OF THIS ARTICLE SHALL BE
 A VIOLATION PUNISHABLE AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
 EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OR (VI)  OF  THIS  PARAGRAPH,  A
 VIOLATION OF SUBDIVISION TWO, THREE, FIVE, SIX, SEVEN OR NINE OF SECTION
 SEVENTY-NINE-D  OF  THIS  ARTICLE  WHEREIN  THE  VIOLATOR IS OPERATING A
 A. 29                               9
 
 PUBLIC VESSEL SHALL BE A MISDEMEANOR. A VIOLATION  OF  SUBDIVISION  TWO,
 THREE,  FIVE,  SIX  OR  SEVEN  OF SECTION SEVENTY-NINE-D OF THIS ARTICLE
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR
 MORE  THAN ONE THOUSAND FIVE HUNDRED DOLLARS OR BY A PERIOD OF IMPRISON-
 MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.  A VIOLATION OF SUBDIVISION NINE OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE SHALL BE PUNISHABLE BY A FINE OF  NOT  LESS  THAN  FIVE  HUNDRED
 DOLLARS  NOR  MORE THAN ONE THOUSAND FIVE 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  VESSEL IN
 VIOLATION OF SUCH SUBDIVISION NINE AFTER  HAVING  BEEN  CONVICTED  OF  A
 VIOLATION  OF  SUBDIVISION TWO, THREE, FOUR, FIVE, SIX, SEVEN OR NINE OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE WITHIN THE PRECEDING  FIVE  YEARS
 SHALL  BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR
 MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS OR BY A PERIOD OF  IMPRISON-
 MENT  AS  PROVIDED  IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISON-
 MENT. A VIOLATION OF SUBDIVISION FOUR OF SECTION SEVENTY-NINE-D OF  THIS
 ARTICLE  WHEREIN  THE  VIOLATOR  IS OPERATING A PUBLIC VESSEL 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 IMPRISON-
 MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.
   (II)  A VIOLATION OF SUBDIVISION TWO OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE WHEREIN THE VIOLATOR IS OPERATING A VESSEL WHICH CONTAINS FLAMM-
 ABLE GAS, RADIOACTIVE MATERIALS OR EXPLOSIVES  SHALL  BE  A  MISDEMEANOR
 PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
 ONE  THOUSAND  FIVE  HUNDRED  DOLLARS  OR BY A PERIOD OF IMPRISONMENT AS
 PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) (A) A PERSON WHO OPERATES A VESSEL IN VIOLATION  OF  SUBDIVISION
 TWO,  THREE,  FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE AND WHICH IS PUNISHABLE AS PROVIDED IN SUBPARAGRAPH (I) OR  (II)
 OF THIS PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION OF ANY SUCH
 SUBDIVISION  OF  SECTION  SEVENTY-NINE-D  OF  THIS ARTICLE AND PENALIZED
 UNDER SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH  WITHIN  THE  PRECEDING
 TEN  YEARS, SHALL BE GUILTY OF A CLASS E FELONY, WHICH SHALL BE PUNISHA-
 BLE 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  VESSEL  IN VIOLATION OF SUBDIVISION NINE OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE AFTER HAVING BEEN CONVICTED OF TWO OR  MORE  VIOLATIONS  OF
 SUBDIVISIONS  TWO,  THREE,  FOUR,  FIVE,  SIX,  SEVEN OR NINE OF SECTION
 SEVENTY-NINE-D 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 (III) OF  PARA-
 GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  A  PERSON  WHO OPERATES A VESSEL IN VIOLATION OF SUBDIVISION TWO,
 THREE, FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS  ARTI-
 CLE  AND  WHICH IS PUNISHABLE AS PROVIDED IN SUBPARAGRAPH (I) OR (II) OF
 THIS PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION  OF  ANY  SUCH
 SUBDIVISION  OF  SECTION  SEVENTY-NINE-D  OF  THIS ARTICLE AND PENALIZED
 UNDER SUBPARAGRAPH (I) OR  (II)  OF  THIS  PARAGRAPH  TWICE  WITHIN  THE
 PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS D FELONY, WHICH SHALL BE
 A. 29                              10
 
 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  VESSEL  IN VIOLATION OF SUBDIVISION NINE OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE AFTER HAVING BEEN CONVICTED OF THREE OR MORE VIOLATIONS  OF
 SUBDIVISIONS  TWO,  THREE,  FOUR,  FIVE,  SIX,  SEVEN OR NINE OF SECTION
 SEVENTY-NINE-D 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 (III) OF  PARA-
 GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION.
   (IV)  A  VIOLATION OF SUBDIVISION THREE, FIVE, SIX OR SEVEN OF SECTION
 SEVENTY-NINE-D OF THIS ARTICLE  WHEREIN  THE  VIOLATOR  IS  OPERATING  A
 VESSEL   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 FOUR OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE WHEREIN THE VIOLATOR IS OPERATING A VESSEL  WHICH  CONTAINS
 FLAMMABLE  GAS,  RADIOACTIVE MATERIALS OR EXPLOSIVES, SHALL BE A CLASS D
 FELONY PUNISHABLE BY A FINE OF NOT LESS THAN TWO  THOUSAND  DOLLARS  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.
   (V) THE SENTENCES REQUIRED TO BE IMPOSED BY  SUBPARAGRAPH  (I),  (II),
 (III)  OR  (IV)  OF  THIS PARAGRAPH SHALL BE IMPOSED NOTWITHSTANDING ANY
 CONTRARY PROVISION OF THIS CHAPTER OR THE PENAL LAW.
   (VI) 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 UNCON-
 DITIONAL DISCHARGE FOR A VIOLATION OF ANY SUBDIVISION OF SECTION  SEVEN-
 TY-NINE-D  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 ANY SUBDIVI-
 SION OF SECTION SEVENTY-NINE-D 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 OPER-
 ATED  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 VESSEL 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
 A. 29                              11

 WHILE INTOXICATED ESTABLISHED PURSUANT TO SECTION ELEVEN  HUNDRED  NINE-
 TY-SEVEN  OF THE VEHICLE AND TRAFFIC LAW, 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 RECOM-
 MEND  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.
   2.  ADDITIONAL  PENALTIES. (A) EXCEPT AS PROVIDED FOR IN PARAGRAPH (B)
 OF THIS SUBDIVISION, A PERSON WHO OPERATES  A  VESSEL  IN  VIOLATION  OF
 SUBDIVISION  THREE  OR  FIVE  OF  SECTION SEVENTY-NINE-D OF THIS ARTICLE
 AFTER HAVING BEEN CONVICTED OF A VIOLATION 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 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 VESSEL IN VIOLATION OF  SUBDIVISION  THREE
 OR  FIVE  OF  SECTION  SEVENTY-NINE-D  OF THIS ARTICLE AFTER HAVING BEEN
 CONVICTED ON TWO OR MORE OCCASIONS OF A VIOLATION OF ANY OF SUCH  SUBDI-
 VISIONS  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, INSTI-
 TUTION 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 INTER-
 LOCK DEVICE APPROVED PURSUANT TO SECTION SEVENTY-NINE-L OF THIS  ARTICLE
 IN  ANY  VESSEL  OWNED  OR  OPERATED  BY THE PERSON SO SENTENCED.   SUCH
 DEVICES SHALL REMAIN INSTALLED DURING ANY PERIOD OF  REVOCATION  OF  THE
 PRIVILEGE  TO  OPERATE A VESSEL REQUIRED TO BE IMPOSED PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,  AND,  UPON  THE  TERMI-
 NATION 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 SEVENTY-NINE-M 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 SEVENTY-NINE-M OF THIS ARTICLE. ANY PERSON ORDERED TO INSTALL AN
 IGNITION INTERLOCK DEVICE PURSUANT TO THIS PARAGRAPH SHALL BE SUBJECT TO
 A. 29                              12
 
 THE PROVISIONS OF SUBDIVISIONS FOUR, FIVE,  SEVEN,  EIGHT  AND  NINE  OF
 SECTION SEVENTY-NINE-L OF THIS ARTICLE.
   (D)  CONFIDENTIALITY  OF RECORDS. THE PROVISIONS OF SUBDIVISION SIX OF
 SECTION SEVENTY-NINE-M OF THIS ARTICLE SHALL APPLY TO  THE  RECORDS  AND
 CONTENT  OF  ALL  ASSESSMENTS  AND  TREATMENT CONDUCTED PURSUANT TO THIS
 SUBDIVISION.
   3. PRIVILEGE TO OPERATE A VESSEL SANCTIONS. (A) SUSPENSIONS. EXCEPT AS
 OTHERWISE PROVIDED IN THIS SUBDIVISION, A PRIVILEGE TO OPERATE A  VESSEL
 SHALL BE SUSPENDED AND A REGISTRATION MAY BE SUSPENDED FOR THE FOLLOWING
 PERIODS:
   (I)  OPERATION  OF A VESSEL WHILE ABILITY IMPAIRED. NINETY DAYS, WHERE
 THE HOLDER IS CONVICTED OF A VIOLATION OF  SUBDIVISION  TWO  OF  SECTION
 SEVENTY-NINE-D OF THIS ARTICLE;
   (II)  PERSONS  UNDER  THE  AGE  OF  TWENTY-ONE; OPERATING AFTER HAVING
 CONSUMED ALCOHOL. SIX MONTHS, WHERE THE HOLDER HAS BEEN  FOUND  TO  HAVE
 OPERATED  A VESSEL AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION
 SEVENTY-NINE-E OF THIS ARTICLE WHERE SUCH PERSON WAS UNDER  THE  AGE  OF
 TWENTY-ONE AT THE TIME OF COMMISSION OF SUCH VIOLATION.
   (B)  REVOCATIONS  OF THE PRIVILEGE TO OPERATE A VESSEL. A PRIVILEGE TO
 OPERATE A VESSEL SHALL BE REVOKED AND A REGISTRATION MAY BE REVOKED  FOR
 THE FOLLOWING MINIMUM PERIODS:
   (I)  OPERATION  OF A VESSEL WHILE ABILITY IMPAIRED; PRIOR OFFENSE. SIX
 MONTHS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF SUBDIVISION  TWO
 OF SECTION SEVENTY-NINE-D OF THIS ARTICLE COMMITTED WITHIN FIVE YEARS OF
 A  CONVICTION  FOR A VIOLATION OF ANY SUBDIVISION OF SUCH SECTION SEVEN-
 TY-NINE-D.
   (II)  OPERATION  OF  A  VESSEL  WHILE  ABILITY  IMPAIRED;  MISDEMEANOR
 OFFENSE.  SIX  MONTHS,  WHERE  THE HOLDER IS CONVICTED OF A VIOLATION OF
 SUBDIVISION TWO OF SECTION  SEVENTY-NINE-D  OF  THIS  ARTICLE  COMMITTED
 WITHIN  TEN  YEARS  OF  TWO  PREVIOUS CONVICTIONS FOR A VIOLATION OF ANY
 SUBDIVISION OF SUCH SECTION SEVENTY-NINE-D.
   (III) OPERATION  OF  A  VESSEL  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 OPERATION OF A
 VESSEL WHILE INTOXICATED. SIX MONTHS, WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF SUBDIVISION THREE, FIVE, SIX OR SEVEN OF  SECTION  SEVENTY-
 NINE-D  OF  THIS  ARTICLE.  ONE  YEAR WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF SUBDIVISION FOUR OF SECTION SEVENTY-NINE-D OF THIS ARTICLE.
   (IV) OPERATION OF A VESSEL 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 OPERATION OF A VESSEL WHILE
 INTOXICATED; PRIOR OFFENSE. ONE YEAR, WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF SUBDIVISION THREE, FIVE, SIX OR SEVEN OF  SECTION  SEVENTY-
 NINE-D  OF THIS ARTICLE COMMITTED WITHIN TEN YEARS OF A CONVICTION FOR A
 VIOLATION OF SUBDIVISION THREE, FIVE, SIX OR SEVEN OF  SECTION  SEVENTY-
 NINE-D  OF  THIS ARTICLE. EIGHTEEN MONTHS, WHERE THE HOLDER IS CONVICTED
 OF A VIOLATION OF SUBDIVISION FOUR OF  SECTION  SEVENTY-NINE-D  OF  THIS
 ARTICLE  COMMITTED  WITHIN  TEN YEARS OF A CONVICTION FOR A VIOLATION OF
 SUBDIVISION THREE, FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE; OR WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF  SUBDI-
 VISION THREE, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTI-
 CLE COMMITTED WITHIN TEN YEARS OF A CONVICTION FOR A VIOLATION OF SUBDI-
 VISION FOUR OF SECTION SEVENTY-NINE-D OF THIS ARTICLE.
   (V)  HOLDER  OF A LICENSE ISSUED TO A MASTER, PILOT, ENGINEER OR JOINT
 PILOT AND ENGINEER.  (A) EXCEPT AS OTHERWISE PROVIDED IN  THIS  SUBPARA-
 GRAPH, ONE YEAR WHERE THE HOLDER OF A LICENSE ISSUED TO A MASTER, PILOT,
 A. 29                              13

 ENGINEER  OR  JOINT PILOT AND ENGINEER, SUBJECT TO SECTION SIXTY-FOUR OF
 THIS CHAPTER, IS CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF  SECTION
 SEVENTY-NINE-D  OF  THIS  ARTICLE  OR  IF SUCH HOLDER IS CONVICTED OF AN
 OFFENSE  CONSISTING OF OPERATING A VESSEL UNDER THE INFLUENCE OF ALCOHOL
 OR DRUGS WHERE SUCH CONVICTION WAS HAD OUTSIDE OF THIS STATE.
   (B) THREE YEARS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION  OF  ANY
 SUBDIVISION  OF  SECTION  SEVENTY-NINE-D OF THIS ARTICLE, SUCH VIOLATION
 WAS COMMITTED WHILE THE HOLDER WAS OPERATING A PUBLIC VESSEL  TRANSPORT-
 ING  HAZARDOUS  MATERIALS  OR  IF SUCH HOLDER IS CONVICTED OF AN OFFENSE
 CONSISTING OF OPERATING A PUBLIC VESSEL UNDER THE INFLUENCE  OF  ALCOHOL
 OR DRUGS WHERE SUCH CONVICTION WAS HAD OUTSIDE OF THIS STATE.
   (VI)  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  SEVENTY-NINE-D  OF  THIS  ARTICLE,  OR IS
 CONVICTED OF OR RECEIVES A YOUTHFUL OFFENDER OR OTHER  JUVENILE  ADJUDI-
 CATION  FOR AN OFFENSE CONSISTING OF OPERATING A VESSEL UNDER THE INFLU-
 ENCE 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.
   (VII) 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 VESSEL AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF  SECTION
 SEVENTY-NINE-E  OF  THIS  ARTICLE,  OR IS CONVICTED OF, OR ADJUDICATED A
 YOUTHFUL OFFENDER FOR, A VIOLATION OF ANY SUBDIVISION OF SECTION  SEVEN-
 TY-NINE-D  OF  THIS  ARTICLE,  OR IS CONVICTED OF OR RECEIVES A YOUTHFUL
 OFFENDER OR JUVENILE ADJUDICATION FOR AN OFFENSE CONSISTING OF OPERATING
 A  VESSEL  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 VESSEL AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF
 SECTION SEVENTY-NINE-E OF THIS ARTICLE, OR HAS PREVIOUSLY BEEN CONVICTED
 OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR,  ANY  VIOLATION  OF  SECTION
 SEVENTY-NINE-D  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 VESSEL
 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.
   (VIII) OUT-OF-STATE OFFENSES. EXCEPT AS PROVIDED IN SUBPARAGRAPH  (VI)
 OR  (VII)  OF  THIS  PARAGRAPH:  (A)  NINETY  DAYS,  WHERE THE HOLDER IS
 CONVICTED OF AN OFFENSE CONSISTING  OF  OPERATING  A  VESSEL  UNDER  THE
 INFLUENCE  OF  INTOXICATING  LIQUOR WHERE THE CONVICTION WAS HAD OUTSIDE
 THIS STATE AND (B) 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 VESSEL  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.
   (IX) EFFECT OF REHABILITATION PROGRAM. NO PERIOD OF REVOCATION ARISING
 OUT OF SUBPARAGRAPH (V), (VI) OR (VII) OF  THIS  PARAGRAPH  MAY  BE  SET
 ASIDE  BY THE COMMISSIONER FOR THE REASON THAT SUCH PERSON WAS A PARTIC-
 A. 29                              14
 
 IPANT IN THE ALCOHOL  AND  DRUG  REHABILITATION  PROGRAM  SET  FORTH  IN
 SECTION ELEVEN HUNDRED NINETY-SIX OF THE VEHICLE AND TRAFFIC LAW.
   (X) ACTION REQUIRED BY COMMISSIONER. WHERE A COURT FAILS TO IMPOSE, OR
 INCORRECTLY  IMPOSES, A SUSPENSION OR REVOCATION REQUIRED BY THIS SUBDI-
 VISION, THE  COMMISSIONER  SHALL,  UPON  RECEIPT  OF  A  CERTIFICATE  OF
 CONVICTION  FILED,  IMPOSE SUCH MANDATED SUSPENSION OR REVOCATION, WHICH
 SHALL SUPERSEDE ANY SUCH ORDER WHICH THE COURT MAY HAVE IMPOSED.
   (XI) LIMITATION OF CERTAIN MANDATORY REVOCATIONS. WHERE REVOCATION  IS
 MANDATORY   PURSUANT  TO  SUBPARAGRAPH  (V)  OF  THIS  PARAGRAPH  FOR  A
 CONVICTION OF A VIOLATION OF SUBDIVISION EIGHT OF SECTION SEVENTY-NINE-D
 OF THIS ARTICLE, SUCH REVOCATION SHALL BE ISSUED ONLY BY THE COMMISSION-
 ER AND SHALL BE APPLICABLE ONLY TO THAT PORTION OF THE HOLDER'S  LICENSE
 WHICH  PERMITS  THE  OPERATION  OF  PUBLIC VESSELS, AND THE COMMISSIONER
 SHALL IMMEDIATELY ISSUE A PRIVILEGE TO OPERATE A VESSEL,  OTHER  THAN  A
 LICENSE ISSUED TO A MASTER, PILOT, ENGINEER OR JOINT PILOT AND ENGINEER,
 TO  SUCH  PERSON  PROVIDED  THAT  SUCH  PERSON  IS OTHERWISE ELIGIBLE TO
 RECEIVE SUCH PRIVILEGE TO OPERATE A VESSEL  AND  FURTHER  PROVIDED  THAT
 ISSUING  A  LICENSE  TO SUCH PERSON DOES NOT CREATE A SUBSTANTIAL SAFETY
 HAZARD TO THE WATERS OF THE STATE.
   (XII) 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 SEVENTY-NINE-G OF THIS ARTICLE OR  CONVICTION  FOR
 ANY  VIOLATION  OF  SECTION  SEVENTY-NINE-D  OF THIS ARTICLE FOR WHICH A
 SENTENCE OF IMPRISONMENT MAY BE IMPOSED, AND SUCH PERSON HAS: (1) WITHIN
 THE PREVIOUS FOUR YEARS  BEEN  TWICE  CONVICTED  OF  ANY  PROVISIONS  OF
 SECTION  SEVENTY-NINE-D  OF THIS ARTICLE OR A VIOLATION OF THE PENAL LAW
 FOR WHICH A VIOLATION OF SUCH SECTION  SEVENTY-NINE-D  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  SEVENTY-NINE-G  OF  THIS ARTICLE, OR HAS ANY COMBINATION OF TWO
 SUCH CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING  OUT  OF  THE  SAME
 INCIDENT;  OR  (2)  WITHIN THE PREVIOUS EIGHT YEARS BEEN CONVICTED THREE
 TIMES OF ANY PROVISION OF SECTION SEVENTY-NINE-D  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  SEVENTY-NINE-D  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 SEVENTY-NINE-G 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  REVOCATION  OF  THE PRIVILEGE TO OPERATE A VESSEL
 REQUIRED BY CLAUSE (A) OF THIS  SUBPARAGRAPH  SHALL  BE  WAIVED  BY  THE
 COMMISSIONER  AFTER A PERIOD OF FIVE YEARS HAS EXPIRED SINCE THE IMPOSI-
 TION 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 SEVENTY-NINE-G OF THIS  ARTICLE  WHILE  OPERATING  A
 VESSEL  AND  HAS NOT BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE OR A VIOLATION OF THE  PENAL  LAW
 FOR  WHICH A VIOLATION OF ANY SUBDIVISION OF SUCH SECTION SEVENTY-NINE-D
 IS AN ESSENTIAL ELEMENT AND EITHER:
   (1) THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE  COMMIS-
 SIONER  THAT  SUCH  PERSON  HAS VOLUNTARILY ENROLLED IN AND SUCCESSFULLY
 COMPLETED AN APPROPRIATE REHABILITATION PROGRAM; OR
 A. 29                              15
 
   (2) THAT SUCH PERSON IS GRANTED A CERTIFICATE OF RELIEF FROM DISABILI-
 TIES 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 PRIVILEGE TO OPERATE A VESSEL 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 SUBPARA-
 GRAPH, THE  COMMISSIONER  MAY  ADOPT  RULES  TO  PERMIT  CONDITIONAL  OR
 RESTRICTED  OPERATION  OF  A VESSEL 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 (1) A FINDING OF REFUSAL AFTER HAVING  BEEN  CONVICTED  THREE
 TIMES  WITHIN  FOUR  YEARS  OF A VIOLATION OF ANY SUBDIVISION OF SECTION
 SEVENTY-NINE-D OF THIS ARTICLE OR OF THE PENAL LAW FOR WHICH A VIOLATION
 OF ANY SUBDIVISION  OF  SUCH  SECTION  SEVENTY-NINE-D  IS  AN  ESSENTIAL
 ELEMENT  OR ANY COMBINATION OF THREE SUCH CONVICTIONS NOT ARISING OUT OF
 THE SAME INCIDENT WITHIN FOUR YEARS OR (2) A FOURTH  CONVICTION  OF  ANY
 SUBDIVISION  OF SECTION SEVENTY-NINE-D OF THIS ARTICLE AFTER HAVING BEEN
 CONVICTED OF ANY SUCH SUBDIVISION OF SUCH SECTION SEVENTY-NINE-D  OR  OF
 THE  PENAL LAW FOR WHICH A VIOLATION OF ANY OF SUCH SUBDIVISIONS OF SUCH
 SECTION SEVENTY-NINE-D IS AN ESSENTIAL ELEMENT  OR  ANY  COMBINATION  OF
 THREE  SUCH CONVICTIONS NOT ARISING OUT OF THE SAME INCIDENT WITHIN FOUR
 YEARS OR (3) A FINDING OF REFUSAL AFTER HAVING BEEN CONVICTED FOUR TIMES
 WITHIN EIGHT YEARS OF A VIOLATION OF ANY SUBDIVISION OF  SECTION  SEVEN-
 TY-NINE-D  OF  THIS ARTICLE OR OF THE PENAL LAW FOR WHICH A VIOLATION OF
 ANY OF SUCH SUBDIVISIONS OF SUCH SECTION SEVENTY-NINE-D IS AN  ESSENTIAL
 ELEMENT  OR  ANY COMBINATION OF FOUR SUCH CONVICTIONS NOT ARISING OUT OF
 THE SAME INCIDENT WITHIN EIGHT YEARS OR (4) A FIFTH  CONVICTION  OF  ANY
 SUBDIVISION  OF SECTION SEVENTY-NINE-D 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 SEVENTY-NINE-D IS AN ESSEN-
 TIAL ELEMENT OR ANY COMBINATION OF FOUR SUCH CONVICTIONS NOT ARISING OUT
 OF THE SAME INCIDENT WITHIN EIGHT YEARS, SUCH REVOCATION SHALL BE PERMA-
 NENT.
   (E) THE PERMANENT REVOCATION OF THE  PRIVILEGE  TO  OPERATE  A  VESSEL
 REQUIRED BY CLAUSE (D) OF THIS SUBPARAGRAPH MAY BE WAIVED BY THE COMMIS-
 SIONER AFTER A PERIOD OF EIGHT YEARS HAS EXPIRED SINCE THE IMPOSITION OF
 SUCH PERMANENT REVOCATION PROVIDED:
   (1)  THAT DURING SUCH EIGHT-YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND
 TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO  SECTION  SEVENTY-NINE-G  OF
 THIS  ARTICLE  WHILE  OPERATING A VESSEL AND HAS NOT BEEN CONVICTED OF A
 VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF  THIS  ARTICLE
 OR A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF ANY SUCH SUBDI-
 VISIONS OF SUCH SECTION SEVENTY-NINE-D IS AN ESSENTIAL ELEMENT; AND
   (2)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER THAT SUCH PERSON HAS VOLUNTARILY  ENROLLED  IN  AND  SUCCESSFULLY
 COMPLETED AN APPROPRIATE REHABILITATION PROGRAM; AND
   (3)  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
 PRIVILEGE TO OPERATE A VESSEL TO AN APPLICANT WHO OTHERWISE HAS COMPLIED
 WITH THE REQUIREMENTS OF THIS ITEM, IN THE INTEREST OF THE PUBLIC SAFETY
 AND WELFARE.
 A. 29                              16
 
   (F) NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO REDUCE A
 REVOCATION OF A PRIVILEGE TO OPERATE A VESSEL PERIOD IMPOSED PURSUANT TO
 ANY OTHER PROVISION OF LAW.
   (C)  REISSUANCE  OF  THE  PRIVILEGE TO OPERATE A VESSEL; RESTRICTIONS.
 (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, WHERE A PRIVILEGE TO
 OPERATE A VESSEL IS REVOKED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION,  NO  NEW  PRIVILEGE  TO OPERATE A VESSEL SHALL BE ISSUED AFTER THE
 EXPIRATION OF THE MINIMUM PERIOD SPECIFIED IN SUCH PARAGRAPH, EXCEPT  IN
 THE DISCRETION OF THE COMMISSIONER.
   (II)  WHERE  A  PRIVILEGE  TO  OPERATE A VESSEL IS REVOKED PURSUANT TO
 SUBPARAGRAPH (III), (IV) OR (VIII) F PARAGRAPH (B) OF  THIS  SUBDIVISION
 FOR  A  VIOLATION  OF  SUBDIVISION SIX OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE, AND WHERE THE INDIVIDUAL DOES NOT HAVE A PRIVILEGE TO OPERATE A
 VESSEL OR THE INDIVIDUAL'S PRIVILEGE TO OPERATE A VESSEL  WAS  SUSPENDED
 AT THE TIME OF CONVICTION OR YOUTHFUL OFFENDER OR OTHER JUVENILE ADJUDI-
 CATION,  THE  COMMISSIONER  SHALL NOT ISSUE A NEW PRIVILEGE TO OPERATE A
 VESSEL NOR RESTORE THE FORMER PRIVILEGE TO OPERATE A VESSEL FOR A PERIOD
 OF SIX MONTHS AFTER SUCH INDIVIDUAL WOULD OTHERWISE HAVE BECOME ELIGIBLE
 TO OBTAIN A NEW PRIVILEGE TO OPERATE A VESSEL  OR  TO  HAVE  THE  FORMER
 PRIVILEGE  TO  OPERATE A VESSEL RESTORED; PROVIDED, HOWEVER, THAT DURING
 SUCH DELAY PERIOD THE COMMISSIONER MAY ISSUE A RESTRICTED USE  PRIVILEGE
 TO OPERATE A VESSEL.
   (III)  IN NO EVENT SHALL A NEW PRIVILEGE TO OPERATE A VESSEL BE ISSUED
 WHERE A PERSON HAS BEEN TWICE CONVICTED OF A  VIOLATION  OF  SUBDIVISION
 FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTICLE OR OF DRIV-
 ING 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 INFLU-
 ENCE 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. (I) WHERE  A  SUSPENSION  OR
 REVOCATION, OTHER THAN A REVOCATION REQUIRED TO BE ISSUED BY THE COMMIS-
 SIONER,  IS  MANDATORY PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
 SION, THE MAGISTRATE, JUSTICE OR JUDGE SHALL ISSUE AN  ORDER  SUSPENDING
 OR  REVOKING SUCH PRIVILEGE TO OPERATE A VESSEL UPON SENTENCING, AND THE
 PRIVILEGE HOLDER SHALL SURRENDER SUCH PRIVILEGE TO OPERATE A  VESSEL  TO
 THE COURT. EXCEPT AS HEREINAFTER PROVIDED, SUCH SUSPENSION OR REVOCATION
 SHALL TAKE EFFECT IMMEDIATELY.
   (II)  EXCEPT  WHERE  THE  PRIVILEGE  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 SEVENTY-NINE-D OF
 THIS ARTICLE WITHIN THE PRECEDING FIVE  YEARS,  THE  JUDGE,  JUSTICE  OR
 MAGISTRATE  MAY ISSUE AN ORDER MAKING SAID PRIVILEGE TO OPERATE A VESSEL
 SUSPENSION OR REVOCATION TAKE EFFECT  TWENTY  DAYS  AFTER  THE  DATE  OF
 SENTENCING.  THE  PRIVILEGE  HOLDER  SHALL BE GIVEN A COPY OF SAID ORDER
 PERMITTING THE CONTINUATION OF  OPERATING  PRIVILEGES  FOR  TWENTY  DAYS
 AFTER  SENTENCING,  IF  GRANTED BY THE COURT. THE COURT SHALL FORWARD TO
 THE COMMISSIONER A COPY OF ANY ORDER ISSUED PURSUANT TO  THIS  PARAGRAPH
 AND THE LICENSE, WITHIN NINETY-SIX HOURS OF SENTENCING.
   (E) SPECIAL PROVISIONS. (I) SUSPENSION PENDING PROSECUTION; PROCEDURE.
   (A)  WITHOUT  NOTICE, PENDING ANY PROSECUTION, THE COURT SHALL SUSPEND
 SUCH PRIVILEGE TO OPERATE A VESSEL, WHERE THE HOLDER  HAS  BEEN  CHARGED
 WITH  A  VIOLATION  OF  SUBDIVISION  THREE,  FOUR, FIVE, SIX OR SEVEN OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE AND EITHER (1) A VIOLATION  OF  A
 FELONY  UNDER  ARTICLE  ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF
 A. 29                              17
 
 THE PENAL LAW ARISING  OUT  OF  THE  SAME  INCIDENT,  OR  (2)  HAS  BEEN
 CONVICTED  OF ANY VIOLATION UNDER SECTION SEVENTY-NINE-D 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 VESSEL IN VIOLATION OF
 SUBDIVISION THREE, FOUR, FIVE, SIX OR SEVEN OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE AND EITHER  (1)  THE  PERSON  HAD  BEEN  CONVICTED  OF  ANY
 VIOLATION  UNDER  SUCH SECTION SEVENTY-NINE-D OF THIS ARTICLE WITHIN THE
 PRECEDING FIVE YEARS; OR (2) 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  OPPORTU-
 NITY  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  SEVENTY-NINE-D  OF THIS ARTICLE WITHIN THE PRECEDING FIVE YEARS
 THE COURT SHALL PROMPTLY NOTIFY THE COMMISSIONER AND DIRECT  RESTORATION
 OF  SUCH  PRIVILEGE  TO  OPERATE A VESSEL TO THE PRIVILEGE HOLDER UNLESS
 SUCH PRIVILEGE TO OPERATE A VESSEL IS SUSPENDED OR REVOKED  PURSUANT  TO
 ANY OTHER PROVISION OF THIS CHAPTER.
   (II)  BAIL  FORFEITURE.  A  PRIVILEGE  TO  OPERATE  A  VESSEL SHALL BE
 SUSPENDED WHERE THE HOLDER FORFEITS BAIL UPON A CHARGE OF A VIOLATION OF
 ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE. SUCH  SUSPEN-
 SION  SHALL  NOT BE TERMINATED UNTIL THE HOLDER SUBMITS TO THE JURISDIC-
 TION OF THE COURT IN WHICH THE BAIL WAS FORFEITED.
   (III) PERMANENT DISQUALIFICATION FROM OPERATING CERTAIN  VESSELS.  (A)
 EXCEPT  AS  OTHERWISE PROVIDED HEREIN, IN ADDITION TO ANY REVOCATION SET
 FORTH IN SUBPARAGRAPH (V) OF PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  ANY
 PERSON  SENTENCED  PURSUANT  TO  SUBPARAGRAPH  (II)  OF PARAGRAPH (D) OF
 SUBDIVISION ONE OF THIS SECTION SHALL BE PERMANENTLY  DISQUALIFIED  FROM
 OPERATING  ANY  VESSEL  SET  FORTH  IN  SUCH PARAGRAPH. IN ADDITION, THE
 COMMISSIONER SHALL NOT ISSUE SUCH PERSON A PRIVILEGE TO OPERATE A VESSEL
 VALID FOR THE OPERATION OF ANY VESSEL 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:
   (1) THAT DURING SUCH FIVE YEAR PERIOD SUCH PERSON HAS NOT VIOLATED ANY
 OF THE PROVISIONS OF SECTION SEVENTY-NINE-D OF THIS ARTICLE OR ANY ALCO-
 HOL OR DRUG RELATED TRAFFIC OFFENSE IN THIS STATE OR IN ANY JURISDICTION
 OUTSIDE THIS STATE;
   (2) THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE  COMMIS-
 SIONER  THAT  SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG TREATMENT OR
 HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; AND
 A. 29                              18

   (3) 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 IS A HOLDER OF A LICENSE ISSUED TO A MASTER, PILOT,
 ENGINEER OR JOINT PILOT AND ENGINEER, ON BOARD OF A PUBLIC VESSEL AND IS
 CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE WHO HAS HAD A PRIOR FINDING OF REFUSAL TO SUBMIT TO A CHEM-
 ICAL  TEST PURSUANT TO SECTION SEVENTY-NINE-G OF THIS ARTICLE OR HAS HAD
 A PRIOR CONVICTION OF ANY OF THE FOLLOWING OFFENSES:  ANY  VIOLATION  OF
 SECTION  SEVENTY-NINE-D OF THIS ARTICLE; ANY VIOLATION OF SECTION FORTY-
 SEVEN OF THIS CHAPTER; OR HAS A PRIOR CONVICTION OF ANY FELONY INVOLVING
 THE USE OF A VESSEL PURSUANT TO SECTION SIXTY-FOUR-A  OF  THIS  CHAPTER,
 SHALL  BE  PERMANENTLY  DISQUALIFIED FROM OPERATING A PUBLIC VESSEL. THE
 COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION AND  PROHIBITION  HEREINBE-
 FORE PROVIDED AFTER A PERIOD OF TEN YEARS HAS EXPIRED FROM SUCH SENTENCE
 PROVIDED:
   (1) THAT DURING SUCH TEN YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND TO
 HAVE  REFUSED A CHEMICAL TEST PURSUANT TO SECTION SEVENTY-NINE-G OF THIS
 ARTICLE WHILE OPERATING A VESSEL AND HAS NOT BEEN CONVICTED OF  ANY  ONE
 OF  THE  FOLLOWING  OFFENSES  WHILE OPERATING A VESSEL: ANY VIOLATION OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE; ANY VIOLATION OF SECTION  FORTY-
 SEVEN OF THIS CHAPTER; OR HAS A PRIOR CONVICTION OF ANY FELONY INVOLVING
 THE USE OF A VESSEL PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER;
   (2)  THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
 HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; AND
   (3)  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  MASTER,  PILOT,  ENGINEER  OR  JOINT
 PILOT AND ENGINEER LICENSE REVOCATION, SUCH PERMANENT REVOCATION MAY NOT
 BE WAIVED BY THE COMMISSIONER UNDER ANY CIRCUMSTANCES.
   (IV)  YOUTHFUL OFFENDERS. WHERE A YOUTH IS DETERMINED TO BE A YOUTHFUL
 OFFENDER,  FOLLOWING  A   CONVICTION   OF   A   VIOLATION   OF   SECTION
 SEVENTY-NINE-D OF THIS ARTICLE FOR WHICH A PRIVILEGE TO OPERATE A VESSEL
 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.
   (V) PROBATION. WHEN A PRIVILEGE TO OPERATE A VESSEL 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 VESSEL OR NOT APPLY FOR A PRIVILEGE TO  OPERATE  A  VESSEL
 DURING  THE  PERIOD OF SUCH CONDITION OF PROBATION, THE COMMISSIONER MAY
 NOT RESTORE  SUCH  PRIVILEGE  UNTIL  THE  PERIOD  OF  THE  CONDITION  OF
 PROBATION HAS EXPIRED.
   (VI) APPLICATION FOR NEW PRIVILEGE TO OPERATE A VESSEL. WHERE A PRIVI-
 LEGE  TO  OPERATE A VESSEL 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 (V) OF THIS PARAGRAPH, APPLICATION
 FOR  A  NEW  PRIVILEGE TO OPERATE A VESSEL MAY BE MADE WITHIN FORTY-FIVE
 DAYS PRIOR TO THE EXPIRATION OF SUCH MINIMUM  PERIOD  OF  REVOCATION  OR
 CONDITION OF PROBATION, WHICHEVER EXPIRES LAST.
 A. 29                              19
 
   (VII) SUSPENSION PENDING PROSECUTION; EXCESSIVE BLOOD ALCOHOL CONTENT.
   (A)  A  COURT  SHALL SUSPEND A PERSON'S PRIVILEGE TO OPERATE A VESSEL,
 PENDING PROSECUTION, OF ANY PERSON CHARGED WITH A VIOLATION OF  SUBDIVI-
 SION  THREE, FOUR, FIVE OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTI-
 CLE WHO, AT THE TIME OF ARREST, IS  ALLEGED  TO  HAVE  HAD  .08  OF  ONE
 PERCENT  OR MORE BY WEIGHT OF ALCOHOL IN SUCH BOATER'S BLOOD AS SHOWN BY
 CHEMICAL ANALYSIS OF BLOOD, BREATH, URINE OR SALIVA,  MADE  PURSUANT  TO
 SUBDIVISION TWO OR THREE OF SECTION SEVENTY-NINE-G 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; PROVIDED, HOWEVER, THAT IF THE RESULTS OF ANY TEST
 ADMINISTERED PURSUANT TO SECTION SEVENTY-NINE-G 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 PRIVILEGE TO OPERATE A
 VESSEL. 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 THE HOLDER OPERATED A VESSEL 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 SEVENTY-NINE-G  OF
 THIS  ARTICLE.  AT THE TIME OF SUCH SUSPENSION THE HOLDER SHALL BE ENTI-
 TLED TO AN OPPORTUNITY TO MAKE A STATEMENT REGARDING THIS ISSUE  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 PRIVILEGE
 TO OPERATE A VESSEL, IN ACCORDANCE WITH SECTION SEVENTY-NINE-J  OF  THIS
 ARTICLE,  PROVIDED THE HOLDER OF SUCH PRIVILEGE IS OTHERWISE ELIGIBLE TO
 RECEIVE SUCH  CONDITIONAL  PRIVILEGE.  A  CONDITIONAL  PRIVILEGE  ISSUED
 PURSUANT  TO THIS SUBPARAGRAPH SHALL NOT BE VALID FOR THE OPERATION OF A
 PUBLIC VESSEL. THE COMMISSIONER SHALL PRESCRIBE BY REGULATION THE PROCE-
 DURES FOR THE ISSUANCE OF SUCH CONDITIONAL PRIVILEGE.
   (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 HOLDER'S EMPLOYMENT, OR TO  OR  FROM  NECESSARY
 MEDICAL  TREATMENT FOR THE HOLDER OR A MEMBER OF THE HOLDER'S HOUSEHOLD.
 THE BURDEN OF PROVING EXTREME HARDSHIP SHALL BE ON THE  HOLDER  WHO  MAY
 PRESENT  MATERIAL  AND RELEVANT EVIDENCE.  A FINDING OF EXTREME HARDSHIP
 MAY NOT BE BASED SOLELY UPON THE TESTIMONY OF THE HOLDER.  IN  NO  EVENT
 SHALL  ARRAIGNMENT  BE  ADJOURNED  OR  OTHERWISE DELAYED MORE THAN THREE
 BUSINESS DAYS SOLELY FOR THE PURPOSE OF ALLOWING THE HOLDER  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 VESSEL
 ONLY FOR TRAVEL TO OR FROM THE HOLDER'S EMPLOYMENT, OR TO OR FROM NECES-
 SARY MEDICAL TREATMENT FOR THE HOLDER OR A MEMBER OF THE HOLDER'S HOUSE-
 A. 29                              20
 
 HOLD. A HARDSHIP PRIVILEGE SHALL NOT BE VALID FOR  THE  OPERATION  OF  A
 PUBLIC VESSEL.
   (F)  NOTICE OF CHARGES TO PARENT OR GUARDIAN. 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   TWO,   THREE   AND/OR   FIVE   OF   SECTION
 SEVENTY-NINE-D  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 THE VEHICLE  AND  TRAFFIC
 LAW,  TRANSMITTAL  OF  NOTICE  OF  HIS  OR HER CONVICTION AS PROVIDED IN
 SECTION FIVE HUNDRED FOURTEEN OF THE VEHICLE AND TRAFFIC  LAW  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.
   § 79-G. ARREST AND TESTING. 1. ARREST AND FIELD TESTING.  (A)  ARREST.
 NOTWITHSTANDING  THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL PROCE-
 DURE LAW, A POLICE OFFICER MAY, WITHOUT A WARRANT, ARREST A  PERSON,  IN
 CASE OF A VIOLATION OF SUBDIVISION TWO OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE,  IF  SUCH VIOLATION IS COUPLED WITH AN ACCIDENT OR COLLISION IN
 WHICH SUCH PERSON IS INVOLVED, WHICH IN FACT HAS BEEN COMMITTED,  THOUGH
 NOT  IN  THE  POLICE OFFICER'S PRESENCE, WHEN THE OFFICER HAS REASONABLE
 CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.
   (B) FIELD TESTING. EVERY PERSON OPERATING  A  VESSEL  WHICH  HAS  BEEN
 INVOLVED  IN AN ACCIDENT OR WHICH IS OPERATED IN VIOLATION OF ANY OF THE
 PROVISIONS OF THIS CHAPTER SHALL, AT THE REQUEST OF  A  POLICE  OFFICER,
 SUBMIT  TO  A  BREATH  TEST TO BE ADMINISTERED BY THE POLICE OFFICER. IF
 SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED ALCOHOL, THE  POLICE
 OFFICER  MAY  REQUEST  SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN THE
 MANNER SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   2. CHEMICAL TESTS. (A) WHEN AUTHORIZED.  ANY  PERSON  WHO  OPERATES  A
 VESSEL IN THIS STATE SHALL BE DEEMED TO HAVE GIVEN CONSENT TO A CHEMICAL
 TEST  OF ONE OR MORE OF THE FOLLOWING:  BREATH, BLOOD, URINE, OR SALIVA,
 FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT OF  THE
 BLOOD  PROVIDED THAT SUCH TEST IS ADMINISTERED BY OR AT THE DIRECTION OF
 A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST  OF  BREATH,  URINE  OR
 SALIVA OR, WITH RESPECT TO A CHEMICAL TEST OF BLOOD, AT THE DIRECTION OF
 A POLICE OFFICER:
   (1)  HAVING  REASONABLE  GROUNDS  TO  BELIEVE SUCH PERSON TO HAVE BEEN
 OPERATING IN VIOLATION OF ANY SUBDIVISION OF SECTION  SEVENTY-NINE-D  OF
 THIS  ARTICLE  AND  WITHIN  TWO  HOURS AFTER SUCH PERSON HAS BEEN PLACED
 UNDER ARREST FOR ANY SUCH VIOLATION; OR  HAVING  REASONABLE  GROUNDS  TO
 BELIEVE  SUCH  PERSON  TO  HAVE  BEEN  OPERATING IN VIOLATION OF SECTION
 SEVENTY-NINE-E OF THIS ARTICLE AND WITHIN TWO HOURS AFTER  THE  STOP  OF
 SUCH PERSON FOR ANY SUCH VIOLATION;
   (2) WITHIN TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN PARAGRAPH (B)
 OF  SUBDIVISION  ONE  OF  THIS  SECTION, INDICATES THAT ALCOHOL HAS BEEN
 CONSUMED BY SUCH PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS
 ESTABLISHED BY THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER;
   (3) FOR THE  PURPOSES  OF  THIS  PARAGRAPH,  "REASONABLE  GROUNDS"  TO
 BELIEVE  THAT A PERSON HAS BEEN OPERATING A VESSEL AFTER HAVING CONSUMED
 A. 29                              21
 
 ALCOHOL IN VIOLATION OF SECTION SEVENTY-NINE-E OF THIS ARTICLE SHALL  BE
 DETERMINED  BY  VIEWING  THE  TOTALITY  OF CIRCUMSTANCES SURROUNDING THE
 INCIDENT WHICH, WHEN TAKEN TOGETHER,  INDICATE  THAT  THE  OPERATOR  WAS
 OPERATING  A VESSEL IN VIOLATION OF SUCH SUBDIVISION. SUCH CIRCUMSTANCES
 MAY INCLUDE ANY VISIBLE OR BEHAVIORAL INDICATION OF ALCOHOL  CONSUMPTION
 BY THE OPERATOR, THE EXISTENCE OF AN OPEN CONTAINER CONTAINING OR HAVING
 CONTAINED  AN ALCOHOLIC BEVERAGE IN OR AROUND THE VESSEL OPERATED BY THE
 OPERATOR, OR ANY OTHER EVIDENCE SURROUNDING  THE  CIRCUMSTANCES  OF  THE
 INCIDENT  WHICH  INDICATES THAT THE OPERATOR HAS BEEN OPERATING A VESSEL
 AFTER HAVING CONSUMED ALCOHOL AT THE TIME OF THE INCIDENT; OR
   (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
 PERSON  UNDER  THE  AGE  OF  TWENTY-ONE SHALL BE ARRESTED FOR AN ALLEGED
 VIOLATION OF SECTION SEVENTY-NINE-E OF THIS ARTICLE. HOWEVER,  A  PERSON
 UNDER  THE  AGE  OF  TWENTY-ONE  FOR  WHOM A CHEMICAL TEST IS AUTHORIZED
 PURSUANT TO THIS PARAGRAPH MAY BE TEMPORARILY  DETAINED  BY  THE  POLICE
 SOLELY FOR THE PURPOSE OF REQUESTING OR ADMINISTERING SUCH CHEMICAL TEST
 WHENEVER  ARREST  WITHOUT A WARRANT FOR A PETTY OFFENSE WOULD BE AUTHOR-
 IZED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL
 PROCEDURE LAW OR PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   (B) REPORT OF REFUSAL. (1) IF: (A)  SUCH  PERSON  HAVING  BEEN  PLACED
 UNDER ARREST; OR (B) AFTER A BREATH TEST INDICATES THE PRESENCE OF ALCO-
 HOL IN THE PERSON'S SYSTEM; OR (C) WITH REGARD TO A PERSON UNDER THE AGE
 OF  TWENTY-ONE, THERE ARE REASONABLE GROUNDS TO BELIEVE THAT SUCH PERSON
 HAS BEEN OPERATING A VESSEL AFTER HAVING CONSUMED ALCOHOL  IN  VIOLATION
 OF  SECTION  SEVENTY-NINE-E  OF THIS ARTICLE; AND HAVING THEREAFTER BEEN
 REQUESTED TO SUBMIT TO SUCH CHEMICAL TEST AND HAVING BEEN INFORMED  THAT
 THE  PERSON'S PRIVILEGE TO OPERATE A VESSEL AND ANY NON-RESIDENT OPERAT-
 ING PRIVILEGE SHALL BE IMMEDIATELY SUSPENDED AND  SUBSEQUENTLY  REVOKED,
 OR, FOR OPERATORS UNDER THE AGE OF TWENTY-ONE FOR WHOM THERE ARE REASON-
 ABLE  GROUNDS  TO BELIEVE THAT SUCH OPERATOR HAS BEEN OPERATING A VESSEL
 AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION SEVENTY-NINE-E  OF
 THIS  ARTICLE,  SHALL  BE REVOKED FOR REFUSAL TO SUBMIT TO SUCH CHEMICAL
 TEST OR ANY PORTION THEREOF, WHETHER OR NOT THE PERSON IS  FOUND  GUILTY
 OF  THE CHARGE FOR WHICH SUCH PERSON IS ARRESTED OR DETAINED, REFUSES TO
 SUBMIT TO SUCH CHEMICAL TEST OR ANY  PORTION  THEREOF,  UNLESS  A  COURT
 ORDER  HAS  BEEN  GRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
 THE TEST SHALL NOT BE GIVEN AND A WRITTEN REPORT OF SUCH  REFUSAL  SHALL
 BE  IMMEDIATELY  MADE BY THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL WAS
 MADE. SUCH REPORT MAY BE VERIFIED BY HAVING THE REPORT SWORN TO,  OR  BY
 AFFIXING TO SUCH REPORT A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
 ARE  PUNISHABLE  AS  A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF
 THE PENAL LAW AND SUCH FORM NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE
 DEPONENT SHALL CONSTITUTE A VERIFICATION OF THE REPORT.
   (2) THE REPORT OF  THE  POLICE  OFFICER  SHALL  SET  FORTH  REASONABLE
 GROUNDS  TO  BELIEVE  SUCH ARRESTED PERSON OR SUCH DETAINED PERSON UNDER
 THE AGE OF TWENTY-ONE HAD BEEN OPERATING A VESSEL IN  VIOLATION  OF  ANY
 SUBDIVISION OF SECTION SEVENTY-NINE-D OR SEVENTY-NINE-E OF THIS ARTICLE,
 THAT  SAID  PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL TEST, AND THAT
 NO CHEMICAL TEST WAS ADMINISTERED PURSUANT TO THE REQUIREMENTS OF SUBDI-
 VISION THREE OF THIS SECTION. THE REPORT SHALL BE PRESENTED TO THE COURT
 UPON ARRAIGNMENT OF AN ARRESTED PERSON, PROVIDED, HOWEVER, IN  THE  CASE
 OF  A PERSON UNDER THE AGE OF TWENTY-ONE, FOR WHOM A TEST WAS AUTHORIZED
 PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (A)
 OF THIS SUBDIVISION, AND WHO HAS NOT BEEN  PLACED  UNDER  ARREST  FOR  A
 VIOLATION  OF  ANY  OF  THE PROVISIONS OF SECTION SEVENTY-NINE-D OF THIS
 ARTICLE, SUCH REPORT SHALL  BE  FORWARDED  TO  THE  COMMISSIONER  WITHIN
 A. 29                              22
 
 FORTY-EIGHT  HOURS IN A MANNER TO BE PRESCRIBED BY THE COMMISSIONER, AND
 ALL SUBSEQUENT PROCEEDINGS WITH REGARD TO  REFUSAL  TO  SUBMIT  TO  SUCH
 CHEMICAL  TEST  BY SUCH PERSON SHALL BE AS SET FORTH IN SUBDIVISION FOUR
 OF SECTION SEVENTY-NINE-H OF THIS ARTICLE.
   (3) FOR PERSONS PLACED UNDER ARREST FOR A VIOLATION OF ANY SUBDIVISION
 OF  SECTION  SEVENTY-NINE-D  OF THIS ARTICLE, THE PRIVILEGE TO OPERATE A
 VESSEL AND ANY NON-RESIDENT OPERATING PRIVILEGE SHALL, UPON THE BASIS OF
 SUCH WRITTEN REPORT, BE  TEMPORARILY  SUSPENDED  BY  THE  COURT  WITHOUT
 NOTICE  PENDING  THE DETERMINATION OF A HEARING AS PROVIDED IN PARAGRAPH
 (C) OF THIS SUBDIVISION. COPIES OF SUCH REPORT MUST  BE  TRANSMITTED  BY
 THE  COURT  TO  THE  COMMISSIONER AND SUCH TRANSMITTAL MAY NOT BE WAIVED
 EVEN WITH THE CONSENT OF ALL THE PARTIES. SUCH REPORT SHALL BE FORWARDED
 TO THE COMMISSIONER WITHIN FORTY-EIGHT HOURS OF SUCH ARRAIGNMENT.
   (4) THE COURT OR THE POLICE OFFICER, IN THE CASE OF A PERSON UNDER THE
 AGE OF TWENTY-ONE ALLEGED TO BE OPERATING A VESSEL AFTER HAVING CONSUMED
 ALCOHOL, SHALL PROVIDE SUCH PERSON WITH  A  SCHEDULED  HEARING  DATE,  A
 WAIVER  FORM,  AND  SUCH  OTHER  INFORMATION  AS  MAY BE REQUIRED BY THE
 COMMISSIONER. IF A HEARING, AS PROVIDED FOR IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION, OR SUBDIVISION FOUR OF SECTION SEVENTY-NINE-H OF THIS ARTI-
 CLE, IS WAIVED BY SUCH PERSON, THE COMMISSIONER SHALL IMMEDIATELY REVOKE
 THE  PRIVILEGE  TO OPERATE A VESSEL OR NON-RESIDENT OPERATING PRIVILEGE,
 AS OF THE DATE  OF  RECEIPT  OF  SUCH  WAIVER  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION.
   (C)  HEARINGS.  ANY  PERSON WHOSE PRIVILEGE TO OPERATE A VESSEL OR ANY
 NON-RESIDENT PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  IS ENTITLED TO A HEARING IN ACCORDANCE WITH A HEARING
 SCHEDULE TO BE PROMULGATED BY THE COMMISSIONER OF MOTOR VEHICLES  PURSU-
 ANT  TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINE-
 TY-FOUR OF THE VEHICLE AND TRAFFIC LAW. IF THE DEPARTMENT OF MOTOR VEHI-
 CLES FAILS TO PROVIDE FOR SUCH HEARING FIFTEEN DAYS AFTER  THE  DATE  OF
 THE  ARRAIGNMENT  OF  THE  ARRESTED  PERSON,  THE PRIVILEGE TO OPERATE A
 VESSEL OR NON-RESIDENT OPERATING PRIVILEGE OF SUCH PERSON SHALL BE REIN-
 STATED PENDING A HEARING PURSUANT TO THIS SECTION. THE HEARING SHALL  BE
 LIMITED TO THE FOLLOWING ISSUES: (1) DID THE POLICE OFFICER HAVE REASON-
 ABLE  GROUNDS TO BELIEVE THAT SUCH PERSON HAD BEEN OPERATING A VESSEL IN
 VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS  ARTICLE;
 (2)  DID THE POLICE OFFICER MAKE A LAWFUL ARREST OF SUCH PERSON; (3) WAS
 SUCH PERSON GIVEN SUFFICIENT WARNING, IN CLEAR OR UNEQUIVOCAL  LANGUAGE,
 PRIOR  TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST
 OR ANY PORTION THEREOF, WOULD RESULT IN  THE  IMMEDIATE  SUSPENSION  AND
 SUBSEQUENT  REVOCATION  OF  SUCH  PERSON'S PRIVILEGE TO OPERATE A VESSEL
 WHETHER OR NOT SUCH PERSON IS FOUND GUILTY OF THE CHARGE FOR  WHICH  THE
 ARREST WAS MADE; AND (4) DID SUCH PERSON REFUSE TO SUBMIT TO SUCH CHEMI-
 CAL  TEST  OR  ANY  PORTION THEREOF. IF, AFTER SUCH HEARING, THE HEARING
 OFFICER, ACTING ON BEHALF OF THE COMMISSIONER OF MOTOR  VEHICLES,  FINDS
 ON  ANY  ONE  OF  SAID ISSUES IN THE NEGATIVE, THE HEARING OFFICER SHALL
 IMMEDIATELY TERMINATE ANY SUSPENSION  ARISING  FROM  SUCH  REFUSAL.  IF,
 AFTER SUCH HEARING, THE HEARING OFFICER, ACTING ON BEHALF OF THE COMMIS-
 SIONER  OF  MOTOR  VEHICLES  FINDS ALL OF THE ISSUES IN THE AFFIRMATIVE,
 SUCH OFFICER SHALL IMMEDIATELY REVOKE THE PRIVILEGE TO OPERATE A  VESSEL
 OR   ANY   NON-RESIDENT  OPERATING  PRIVILEGE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION. A PERSON WHO HAS HAD  A
 PRIVILEGE  TO  OPERATE  A  VESSEL  OR  NON-RESIDENT  OPERATING PRIVILEGE
 SUSPENDED OR REVOKED PURSUANT TO THIS SUBDIVISION MAY APPEAL  THE  FIND-
 INGS OF THE HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
 THREE-A  OF  THE VEHICLE AND TRAFFIC LAW. ANY PERSON MAY WAIVE THE RIGHT
 A. 29                              23

 TO A HEARING UNDER THIS SECTION.  FAILURE BY SUCH PERSON TO  APPEAR  FOR
 THE  SCHEDULED  HEARING  SHALL  CONSTITUTE  A  WAIVER  OF  SUCH HEARING,
 PROVIDED, HOWEVER, THAT SUCH PERSON MAY  PETITION  THE  COMMISSIONER  OF
 MOTOR  VEHICLES FOR A NEW HEARING WHICH SHALL BE HELD AS SOON AS PRACTI-
 CABLE.  THE RESULTS OF ALL HEARINGS SHALL BE REFERRED TO THE COMMISSION-
 ER FOR PURPOSES OF TAKING PROPER ACTION AGAINST A DEFENDANT'S  PRIVILEGE
 TO OPERATE A VESSEL.
   (D)  SANCTIONS. (1) REVOCATIONS. (A) ANY PRIVILEGE TO OPERATE A VESSEL
 WHICH HAS BEEN REVOKED PURSUANT TO PARAGRAPH  (C)  OF  THIS  SUBDIVISION
 SHALL  NOT  BE RESTORED FOR AT LEAST ONE YEAR AFTER SUCH REVOCATION, NOR
 THEREAFTER, EXCEPT IN THE DISCRETION OF THE COMMISSIONER.   HOWEVER,  NO
 SUCH  PRIVILEGE TO OPERATE A VESSEL SHALL BE RESTORED FOR AT LEAST EIGH-
 TEEN  MONTHS  AFTER  SUCH  REVOCATION,  NOR  THEREAFTER  EXCEPT  IN  THE
 DISCRETION  OF  THE COMMISSIONER, IN ANY CASE WHERE THE PERSON HAS HAD A
 PRIOR REVOCATION RESULTING FROM REFUSAL TO SUBMIT TO A CHEMICAL TEST, OR
 HAS BEEN CONVICTED OF OR FOUND TO BE IN VIOLATION OF ANY SUBDIVISION  OF
 SECTION  SEVENTY-NINE-D  OR  SECTION  SEVENTY-NINE-E OF THIS ARTICLE NOT
 ARISING OUT OF THE SAME INCIDENT,  WITHIN  THE  FIVE  YEARS  IMMEDIATELY
 PRECEDING  THE DATE OF SUCH REVOCATION; PROVIDED, HOWEVER, A PRIOR FIND-
 ING THAT A PERSON UNDER THE AGE OF TWENTY-ONE HAS REFUSED TO SUBMIT TO A
 CHEMICAL TEST PURSUANT TO SUBDIVISION FOUR OF SECTION SEVENTY-NINE-H  OF
 THIS  ARTICLE SHALL HAVE THE SAME EFFECT AS A PRIOR FINDING OF A REFUSAL
 PURSUANT TO THIS SUBDIVISION 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  OR  REFUSAL IS COMMITTED OR OCCURRED PRIOR TO THE EXPIRATION OF
 THE RETENTION PERIOD FOR SUCH PRIOR REFUSAL AS SET  FORTH  IN  PARAGRAPH
 (K)  OF  SUBDIVISION  ONE  OF SECTION TWO HUNDRED ONE OF THE VEHICLE AND
 TRAFFIC LAW.
   (B) ANY PRIVILEGE TO OPERATE A VESSEL WHICH HAS BEEN REVOKED  PURSUANT
 TO  PARAGRAPH (C) OF THIS SUBDIVISION OR PURSUANT TO SUBDIVISION FOUR OF
 SECTION SEVENTY-NINE-H OF THIS ARTICLE, WHERE THE HOLDER WAS  UNDER  THE
 AGE  OF  TWENTY-ONE  YEARS  AT  THE  TIME  OF SUCH REFUSAL, SHALL NOT BE
 RESTORED FOR AT LEAST ONE YEAR, NOR THEREAFTER, EXCEPT IN THE DISCRETION
 OF THE COMMISSIONER. WHERE SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS
 HAS A  PRIOR  FINDING,  CONVICTION  OR  YOUTHFUL  OFFENDER  ADJUDICATION
 RESULTING  FROM  A VIOLATION OF SECTION SEVENTY-NINE-D OR SECTION SEVEN-
 TY-NINE-E OF THIS ARTICLE, NOT ARISING  FROM  THE  SAME  INCIDENT,  SUCH
 PRIVILEGE  TO  OPERATE  A  VESSEL SHALL NOT BE RESTORED FOR AT LEAST ONE
 YEAR OR UNTIL SUCH PERSON REACHES THE AGE OF TWENTY-ONE YEARS, WHICHEVER
 IS THE GREATER PERIOD OF TIME, NOR THEREAFTER, EXCEPT IN THE  DISCRETION
 OF THE COMMISSIONER.
   (C) ANY LICENSE ISSUED TO A MASTER, PILOT, ENGINEER OR JOINT PILOT AND
 ENGINEER WHICH HAS BEEN REVOKED PURSUANT TO PARAGRAPH (C) OF THIS SUBDI-
 VISION  BASED  UPON  A  FINDING OF REFUSAL TO SUBMIT TO A CHEMICAL TEST,
 WHERE SUCH FINDING OCCURS WITHIN OR OUTSIDE OF THIS STATE, SHALL NOT  BE
 RESTORED  FOR AT LEAST EIGHTEEN MONTHS AFTER SUCH REVOCATION, NOR THERE-
 AFTER, EXCEPT IN THE DISCRETION OF THE COMMISSIONER, BUT  SHALL  NOT  BE
 RESTORED FOR AT LEAST THREE YEARS AFTER SUCH REVOCATION, NOR THEREAFTER,
 EXCEPT  IN  THE  DISCRETION  OF  THE COMMISSIONER, IF THE HOLDER OF SUCH
 LICENSE WAS OPERATING A VESSEL TRANSPORTING HAZARDOUS MATERIALS  AT  THE
 TIME OF SUCH REFUSAL. HOWEVER, SUCH PERSON SHALL BE PERMANENTLY DISQUAL-
 IFIED  FROM OPERATING A PUBLIC VESSEL IN ANY CASE WHERE THE HOLDER HAS A
 PRIOR FINDING OF REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT  TO  THIS
 SECTION  OR HAS A PRIOR CONVICTION OF ANY OF THE FOLLOWING OFFENSES: ANY
 VIOLATION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE; OR ANY VIOLATION OF
 A. 29                              24
 
 SECTION FORTY-SEVEN OF THIS CHAPTER. PROVIDED THAT THE COMMISSIONER  MAY
 WAIVE  SUCH PERMANENT REVOCATION AFTER A PERIOD OF TEN YEARS HAS EXPIRED
 FROM SUCH REVOCATION PROVIDED:
   (I) THAT DURING SUCH TEN YEAR PERIOD SUCH PERSON HAS NOT BEEN FOUND TO
 HAVE  REFUSED  A CHEMICAL TEST PURSUANT TO THIS SECTION AND HAS NOT BEEN
 CONVICTED OF ANY ONE OF THE FOLLOWING OFFENSES: ANY VIOLATION OF SECTION
 SEVENTY-NINE-D OF THIS ARTICLE; REFUSAL TO SUBMIT  TO  A  CHEMICAL  TEST
 PURSUANT  TO  THIS SECTION; ANY VIOLATION OF SECTION FORTY-SEVEN OF THIS
 CHAPTER; OR HAS A PRIOR CONVICTION OF ANY FELONY INVOLVING THE USE OF  A
 VESSEL PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER;
   (II) THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER  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 GRANT-
 ED A CERTIFICATE OF RELIEF FROM DISABILITIES OR A  CERTIFICATE  OF  GOOD
 CONDUCT  PURSUANT  TO  ARTICLE TWENTY-THREE OF THE CORRECTION LAW BY THE
 COURT IN WHICH SUCH PERSON WAS LAST PENALIZED.
   (D) UPON A THIRD FINDING OF REFUSAL AND/OR CONVICTION OF  ANY  OF  THE
 OFFENSES  WHICH  REQUIRE  A  PERMANENT  MASTER, PILOT, ENGINEER OR JOINT
 PILOT AND ENGINEER LICENSE REVOCATION, SUCH PERMANENT REVOCATION MAY NOT
 BE WAIVED BY THE COMMISSIONER UNDER ANY CIRCUMSTANCES.
   (2) CIVIL PENALTIES. EXCEPT AS OTHERWISE PROVIDED,  ANY  PERSON  WHOSE
 PRIVILEGE TO OPERATE A VESSEL OR ANY NON-RESIDENT OPERATING PRIVILEGE IS
 REVOKED  PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL ALSO BE LIABLE
 FOR A CIVIL PENALTY IN THE AMOUNT OF FIVE HUNDRED DOLLARS EXCEPT THAT IF
 SUCH REVOCATION IS A SECOND OR SUBSEQUENT REVOCATION  PURSUANT  TO  THIS
 SECTION  ISSUED  WITHIN  A  FIVE  YEAR  PERIOD,  OR SUCH PERSON HAS BEEN
 CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF
 THIS ARTICLE WITHIN THE PAST FIVE YEARS NOT  ARISING  OUT  OF  THE  SAME
 INCIDENT,  THE  CIVIL  PENALTY  SHALL  BE IN THE AMOUNT OF SEVEN HUNDRED
 FIFTY DOLLARS.   ANY PERSON WHOSE  PRIVILEGE  TO  OPERATE  A  VESSEL  IS
 REVOKED  PURSUANT TO THE PROVISIONS OF THIS SECTION BASED UPON A FINDING
 OF REFUSAL TO SUBMIT TO A CHEMICAL TEST WHILE OPERATING A PUBLIC  VESSEL
 SHALL  ALSO  BE LIABLE FOR A CIVIL PENALTY OF FIVE HUNDRED FIFTY DOLLARS
 EXCEPT THAT IF SUCH PERSON HAS PREVIOUSLY BEEN FOUND TO HAVE  REFUSED  A
 CHEMICAL  TEST  PURSUANT TO THIS SECTION WHILE OPERATING A PUBLIC VESSEL
 OR HAS A PRIOR CONVICTION OF ANY OF THE FOLLOWING OFFENSES WHILE OPERAT-
 ING A PUBLIC VESSEL: ANY VIOLATION OF  SECTION  SEVENTY-NINE-D  OF  THIS
 ARTICLE;  ANY VIOLATION OF SECTION FORTY-SEVEN OF THIS CHAPTER; OR HAS A
 PRIOR CONVICTION OF ANY FELONY INVOLVING THE  USE  OF  A  PUBLIC  VESSEL
 PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER, THEN THE CIVIL PENALTY
 SHALL  BE  SEVEN  HUNDRED  FIFTY  DOLLARS. NO NEW PRIVILEGE TO OPERATE A
 VESSEL SHALL BE ISSUED, OR NON-RESIDENT OPERATING PRIVILEGE RESTORED  TO
 SUCH  PERSON  UNLESS SUCH PENALTY HAS BEEN PAID. ALL PENALTIES COLLECTED
 BY THE OFFICE PURSUANT TO THE PROVISIONS OF THIS SECTION  SHALL  BE  THE
 PROPERTY  OF  THE  STATE  AND SHALL BE PAID INTO THE GENERAL FUND OF THE
 STATE TREASURY.
   (3) EFFECT OF REHABILITATION PROGRAM. NO PERIOD OF REVOCATION  ARISING
 OUT  OF THIS SECTION MAY BE SET ASIDE BY THE COMMISSIONER FOR THE REASON
 THAT SUCH PERSON WAS A PARTICIPANT IN THE  ALCOHOL  AND  DRUG  REHABILI-
 TATION  PROGRAM  SET  FORTH  IN SECTION ELEVEN HUNDRED NINETY-SIX OF THE
 VEHICLE AND TRAFFIC LAW.
   (E) REGULATIONS. THE COMMISSIONER  SHALL  PROMULGATE  SUCH  RULES  AND
 REGULATIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
 SUBDIVISION AND SUBDIVISION ONE OF THIS SECTION.
 A. 29                              25
 
   (F) EVIDENCE. EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR
 ANY PORTION THEREOF SHALL BE ADMISSIBLE  IN  ANY  TRIAL,  PROCEEDING  OR
 HEARING  BASED  UPON  A  VIOLATION OF THE PROVISIONS OF SECTION SEVENTY-
 NINE-D OF THIS ARTICLE BUT ONLY UPON A SHOWING THAT THE PERSON WAS GIVEN
 SUFFICIENT  WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF THE EFFECT OF
 SUCH REFUSAL AND THAT THE PERSON PERSISTED IN THE REFUSAL.
   (G) RESULTS. UPON THE REQUEST  OF  THE  PERSON  WHO  WAS  TESTED,  THE
 RESULTS OF SUCH TEST SHALL BE MADE AVAILABLE TO SUCH PERSON.
   3.  COMPULSORY  CHEMICAL  TESTS.  (A)  COURT  ORDERED  CHEMICAL TESTS.
 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION,  NO
 PERSON  WHO OPERATES A VESSEL UPON THE WATERS OF THE STATE MAY REFUSE TO
 SUBMIT TO A CHEMICAL TEST OF ONE OR MORE  OF  THE  FOLLOWING:    BREATH,
 BLOOD,  URINE  OR  SALIVA,  FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
 AND/OR DRUG CONTENT OF THE BLOOD WHEN A COURT ORDER  FOR  SUCH  CHEMICAL
 TEST  HAS BEEN ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVI-
 SION.
   (B) WHEN AUTHORIZED. UPON REFUSAL BY ANY PERSON TO SUBMIT TO A  CHEMI-
 CAL  TEST  OR ANY PORTION THEREOF AS DESCRIBED ABOVE, THE TEST SHALL NOT
 BE GIVEN UNLESS A POLICE OFFICER OR A DISTRICT ATTORNEY, AS  DEFINED  IN
 SUBDIVISION  THIRTY-TWO  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
 REQUESTS AND OBTAINS A COURT ORDER TO COMPEL A PERSON  TO  SUBMIT  TO  A
 CHEMICAL TEST TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF THE PERSON'S
 BLOOD UPON A FINDING OF REASONABLE CAUSE TO BELIEVE THAT:
   (1) SUCH PERSON WAS THE OPERATOR OF A VESSEL AND IN THE COURSE OF SUCH
 OPERATION  A PERSON OTHER THAN THE OPERATOR WAS KILLED OR SUFFERED SERI-
 OUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW; AND
   (2) (A) EITHER SUCH PERSON OPERATED THE VESSEL  IN  VIOLATION  OF  ANY
 SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE, OR
   (B)  A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE WITH
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION INDICATES THAT  ALCOHOL
 HAS BEEN CONSUMED BY SUCH PERSON; AND
   (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND
   (4)  SUCH  PERSON  HAS  REFUSED  TO  SUBMIT  TO A CHEMICAL TEST OR ANY
 PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE  PROVISIONS  OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS  SECTION OR IS UNABLE TO GIVE
 CONSENT TO SUCH A TEST.
   (C) REASONABLE CAUSE; DEFINITION. FOR THE PURPOSE OF THIS  SUBDIVISION
 "REASONABLE  CAUSE"  SHALL  BE  DETERMINED  BY  VIEWING  THE TOTALITY OF
 CIRCUMSTANCES SURROUNDING THE INCIDENT WHICH, WHEN TAKEN TOGETHER, INDI-
 CATE THAT THE OPERATOR WAS OPERATING A VESSEL IN  VIOLATION  OF  SECTION
 SEVENTY-NINE-D  OF THIS ARTICLE. SUCH CIRCUMSTANCES MAY INCLUDE, BUT ARE
 NOT LIMITED TO:  EVIDENCE THAT THE OPERATOR WAS OPERATING  A  VESSEL  IN
 VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY OTHER MOVING VIOLATION
 AT  THE  TIME OF THE INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR DRUG
 CONSUMPTION OR IMPAIRMENT BY THE OPERATOR;  THE  EXISTENCE  OF  AN  OPEN
 CONTAINER CONTAINING AN ALCOHOLIC BEVERAGE IN OR AROUND THE VESSEL OPER-
 ATED  BY  THE OPERATOR; ANY OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES
 OF THE INCIDENT WHICH INDICATES THAT THE OPERATOR HAS BEEN  OPERATING  A
 VESSEL  WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR INTOXI-
 CATED AT THE TIME OF THE INCIDENT.
   (D) COURT ORDER; PROCEDURE. (1) AN APPLICATION FOR A  COURT  ORDER  TO
 COMPEL SUBMISSION TO A CHEMICAL TEST OR ANY PORTION THEREOF, MAY BE MADE
 TO ANY SUPREME COURT JUSTICE, COUNTY COURT JUDGE OR DISTRICT COURT JUDGE
 IN THE JUDICIAL DISTRICT IN WHICH THE INCIDENT OCCURRED, OR IF THE INCI-
 DENT  OCCURRED  IN THE CITY OF NEW YORK BEFORE ANY SUPREME COURT JUSTICE
 OR JUDGE OF THE CRIMINAL COURT OF THE CITY OF NEW YORK. SUCH APPLICATION
 A. 29                              26

 MAY BE COMMUNICATED BY TELEPHONE, RADIO OR  OTHER  MEANS  OF  ELECTRONIC
 COMMUNICATION, OR IN PERSON.
   (2)  THE  APPLICANT  MUST PROVIDE IDENTIFICATION BY NAME AND TITLE AND
 MUST STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT  AN
 APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS
 BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER
 PERSON  PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION AS PROVIDED
 IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT
 MUST STATE THAT THE PERSON FROM WHOM THE CHEMICAL TEST WAS REQUESTED WAS
 THE OPERATOR OF A VESSEL AND IN THE COURSE OF SUCH OPERATION  A  PERSON,
 OTHER THAN THE OPERATOR, HAS BEEN KILLED OR SERIOUSLY INJURED AND, BASED
 UPON THE TOTALITY OF CIRCUMSTANCES, THERE IS REASONABLE CAUSE TO BELIEVE
 THAT  SUCH PERSON WAS OPERATING A VESSEL IN VIOLATION OF ANY SUBDIVISION
 OF SECTION SEVENTY-NINE-D OF THIS ARTICLE AND, AFTER BEING PLACED  UNDER
 LAWFUL  ARREST  SUCH  PERSON REFUSED TO SUBMIT TO A CHEMICAL TEST OR ANY
 PORTION THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR IS
 UNABLE TO GIVE CONSENT TO SUCH A TEST  OR  ANY  PORTION  THEREOF.    THE
 APPLICANT  MUST MAKE SPECIFIC ALLEGATIONS OF FACT TO SUPPORT SUCH STATE-
 MENT. ANY OTHER PERSON PROPERLY IDENTIFIED, MAY  PRESENT  SWORN  ALLEGA-
 TIONS OF FACT IN SUPPORT OF THE APPLICANT'S STATEMENT.
   (3)  UPON  BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT ORDER TO
 COMPEL A PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A  JUDGE  OR
 JUSTICE  SHALL  PLACE  UNDER  OATH  THE  APPLICANT  AND ANY OTHER PERSON
 PROVIDING INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR  OATHS
 AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS
 OF  A  VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR VERBATIM LONG-
 HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD
 MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA-
 CY OF THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD  AND  TRANSCRIPTION
 WITH  THE  COURT  WITHIN  SEVENTY-TWO HOURS OF THE ISSUANCE OF THE COURT
 ORDER. IF THE LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY
 AND FILE IT WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE  ISSUANCE  OF
 THE ORDER.
   (4)  IF  THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR THE ISSUANCE
 OF A COURT ORDER PURSUANT TO THE PROVISIONS OF  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  HAVE  BEEN  MET,  IT MAY GRANT THE APPLICATION AND ISSUE AN
 ORDER REQUIRING THE ACCUSED TO SUBMIT TO A CHEMICAL  TEST  TO  DETERMINE
 THE  ALCOHOLIC  AND/OR DRUG CONTENT OF HIS OR HER BLOOD AND ORDERING THE
 WITHDRAWAL OF A BLOOD SAMPLE IN ACCORDANCE WITH THE PROVISIONS OF  PARA-
 GRAPH  (A)  OF SUBDIVISION FOUR OF THIS SECTION. WHEN A JUDGE OR JUSTICE
 DETERMINES TO ISSUE AN ORDER TO COMPEL SUBMISSION  TO  A  CHEMICAL  TEST
 BASED  ON  AN ORAL APPLICATION, THE APPLICANT THEREFOR SHALL PREPARE THE
 ORDER IN ACCORDANCE WITH THE INSTRUCTIONS OF THE JUDGE  OR  JUSTICE.  IN
 ALL  CASES  THE  ORDER  SHALL  INCLUDE  THE NAME OF THE ISSUING JUDGE OR
 JUSTICE, THE NAME OF THE APPLICANT, AND THE DATE AND TIME IT WAS ISSUED.
 IT MUST BE SIGNED BY THE JUDGE OR JUSTICE IF ISSUED IN PERSON, OR BY THE
 APPLICANT IF ISSUED ORALLY.
   (5) ANY FALSE STATEMENT BY AN APPLICANT OR ANY OTHER PERSON IN SUPPORT
 OF AN APPLICATION FOR A COURT ORDER SHALL SUBJECT  SUCH  PERSON  TO  THE
 OFFENSES  FOR  PERJURY SET FORTH IN ARTICLE TWO HUNDRED TEN OF THE PENAL
 LAW.
   (6) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH  A  SCHEDULE
 TO PROVIDE THAT A SUFFICIENT NUMBER OF JUDGES OR JUSTICES WILL BE AVAIL-
 ABLE  IN  EACH  JUDICIAL  DISTRICT  TO  HEAR ORAL APPLICATIONS FOR COURT
 ORDERS AS PERMITTED BY THIS SECTION.
 A. 29                              27
 
   (E) ADMINISTRATION OF COMPULSORY CHEMICAL TEST. AN ORDER ISSUED PURSU-
 ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL REQUIRE THAT A  CHEMICAL
 TEST  TO  DETERMINE  THE ALCOHOLIC AND/OR DRUG CONTENT OF THE OPERATOR'S
 BLOOD MUST BE ADMINISTERED. THE PROVISIONS OF SUBDIVISION FOUR  OF  THIS
 SECTION  SHALL  BE APPLICABLE TO ANY CHEMICAL TEST ADMINISTERED PURSUANT
 TO THIS SECTION.
   4. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
 NITY; TESTIMONY.  (1) AT THE REQUEST OF A POLICE OFFICER, THE  FOLLOWING
 PERSONS  MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
 OR DRUG CONTENT THEREIN: (I)  A  PHYSICIAN,  A  REGISTERED  PROFESSIONAL
 NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
 OR  AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPART-
 MENT OF HEALTH; OR (II) UNDER THE SUPERVISION AND AT THE DIRECTION OF  A
 PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
 ER  ACTING  WITHIN  HIS  OR  HER  LAWFUL  SCOPE OF PRACTICE, OR UPON THE
 EXPRESS CONSENT OF THE PERSON EIGHTEEN YEARS OF AGE OR OLDER  FROM  WHOM
 SUCH BLOOD IS TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLIN-
 ICAL  LABORATORY  TECHNOLOGIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED
 SIXTY-FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY
 TECHNICIAN OR MEDICAL TECHNOLOGIST EMPLOYED  BY  A  CLINICAL  LABORATORY
 APPROVED  UNDER  TITLE  FIVE  OF  ARTICLE FIVE OF THE PUBLIC HEALTH LAW.
 THIS LIMITATION SHALL NOT APPLY TO THE TAKING  OF  A  URINE,  SALIVA  OR
 BREATH SPECIMEN.
   (2)  NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF THIS PARAGRAPH OR  HOSPITAL  EMPLOYING  SUCH  PERSON,  AND  NO  OTHER
 EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
 OMITTED  IN  THE  COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
 OFFICER PURSUANT TO THIS SECTION.
   (3) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM  THE  WITH-
 DRAWAL  OF  BLOOD  AS  AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
 UNDER SUBPARAGRAPH TWO OF  THIS  PARAGRAPH,  MAY  MAINTAIN  SUCH  ACTION
 AGAINST  THE  STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
 THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY  THE
 STATE,  OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
 SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
 TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE  MAINTAINED  PURSUANT
 TO  THIS  SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
 COMPLIANCE WITH LAW.
   (4) NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS  PARAGRAPH  AN
 ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF
 AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF  THIS  PARAGRAPH  OR  HOSPITAL EMPLOYING SUCH PERSON FOR WHOSE ACT OR
 OMISSION THE STATE OR THE POLITICAL SUBDIVISION  HAS  BEEN  HELD  LIABLE
 UNDER  THIS  PARAGRAPH  TO  RECOVER  DAMAGES,  NOT  EXCEEDING THE AMOUNT
 AWARDED TO THE CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY  THE  STATE  OR
 THE  POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD FAITH ON
 THE PART OF SUCH PERSON.
   (5) THE TESTIMONY OF ANY PERSON OTHER THAN A  PHYSICIAN,  ENTITLED  TO
 WITHDRAW  BLOOD  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH, IN
 RESPECT TO ANY SUCH WITHDRAWAL OF BLOOD  MADE  BY  SUCH  PERSON  MAY  BE
 RECEIVED  IN  EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH
 WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   (6) THE PROVISIONS OF SUBPARAGRAPHS TWO, THREE AND FOUR OF THIS  PARA-
 GRAPH  SHALL ALSO APPLY WITH REGARD TO ANY PERSON EMPLOYED BY A HOSPITAL
 AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE OF WITH-
 A. 29                              28
 
 DRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER  PURSUANT  TO  A  COURT
 ORDER IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
   (B)  RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED TO
 CHOOSE A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE  ONE
 ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   (C)  RULES  AND  REGULATIONS. THE DEPARTMENT OF HEALTH SHALL ISSUE AND
 FILE RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR  METHODS
 OF  CONDUCTING  CHEMICAL  ANALYSES OF A PERSON'S BLOOD, URINE, BREATH OR
 SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
 TO CONDUCT AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S  BLOOD,  URINE,
 BREATH  OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL POSSESSING
 A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL  BE  PRESUMPTIVE
 EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
 PARAGRAPH  DO  NOT  PROHIBIT THE INTRODUCTION AS EVIDENCE OF AN ANALYSIS
 MADE BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED  BY
 THE DEPARTMENT OF HEALTH.
   §  79-H.  OPERATION  OF  A VESSEL AFTER HAVING CONSUMED ALCOHOL; UNDER
 TWENTY-ONE; PROCEDURE. 1. CHEMICAL TEST REPORT AND HEARING. (A) WHENEVER
 A CHEMICAL TEST OF THE BREATH, BLOOD, URINE OR SALIVA OF AN OPERATOR WHO
 IS UNDER THE AGE OF TWENTY-ONE INDICATES THAT SUCH PERSON HAS OPERATED A
 VESSEL IN VIOLATION OF SECTION SEVENTY-NINE-E OF THIS ARTICLE, AND  SUCH
 PERSON  IS  NOT CHARGED WITH VIOLATING ANY SUBDIVISION OF SECTION SEVEN-
 TY-NINE-D OF THIS ARTICLE ARISING OUT OF THE SAME INCIDENT,  THE  POLICE
 OFFICER  WHO ADMINISTERED THE TEST SHALL FORWARD A REPORT OF THE RESULTS
 OF SUCH TEST TO THE OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVA-
 TION  AND  THE  DEPARTMENT OF MOTOR VEHICLES WITHIN TWENTY-FOUR HOURS OF
 THE TIME WHEN SUCH RESULTS ARE AVAILABLE IN A MANNER PRESCRIBED  BY  THE
 COMMISSIONER  OF MOTOR VEHICLES, AND THE OPERATOR SHALL BE GIVEN A HEAR-
 ING NOTICE AS PROVIDED IN SUBDIVISION TWO OF  THIS  SECTION,  TO  APPEAR
 BEFORE  A  HEARING  OFFICER  IN  THE  COUNTY WHERE THE CHEMICAL TEST WAS
 ADMINISTERED, OR IN AN ADJOINING  COUNTY  UNDER  SUCH  CIRCUMSTANCES  AS
 PRESCRIBED BY THE COMMISSIONER OF MOTOR VEHICLES, ON A DATE TO BE ESTAB-
 LISHED  IN ACCORDANCE WITH A SCHEDULE PROMULGATED BY THE COMMISSIONER OF
 MOTOR VEHICLES. SUCH HEARING SHALL OCCUR WITHIN THIRTY DAYS OF, BUT  NOT
 LESS  THAN  FORTY-EIGHT  HOURS FROM, THE DATE THAT THE CHEMICAL TEST WAS
 ADMINISTERED, PROVIDED, HOWEVER, WHERE THE COMMISSIONER OF  MOTOR  VEHI-
 CLES DETERMINES, BASED UPON THE AVAILABILITY OF HEARING OFFICERS AND THE
 ANTICIPATED VOLUME OF HEARINGS AT A PARTICULAR LOCATION, THAT THE SCHED-
 ULING  OF SUCH HEARING WITHIN THIRTY DAYS WOULD IMPAIR THE TIMELY SCHED-
 ULING OR CONDUCTING OF OTHER HEARINGS PURSUANT TO THE VEHICLE AND  TRAF-
 FIC  LAW,  SUCH  HEARING SHALL BE SCHEDULED AT THE NEXT HEARING DATE FOR
 SUCH PARTICULAR LOCATION. WHEN PROVIDING THE OPERATOR WITH SUCH  HEARING
 NOTICE,  THE  POLICE OFFICER SHALL ALSO GIVE TO THE OPERATOR, AND SHALL,
 PRIOR TO THE COMMENCEMENT OF THE HEARING, PROVIDE TO THE  DEPARTMENT  OF
 MOTOR  VEHICLES,  COPIES OF THE FOLLOWING REPORTS, DOCUMENTS AND MATERI-
 ALS: ANY WRITTEN REPORT OR DOCUMENT, OR PORTION  THEREOF,  CONCERNING  A
 PHYSICAL  EXAMINATION,  A  SCIENTIFIC  TEST OR EXPERIMENT, INCLUDING THE
 MOST RECENT RECORD OF INSPECTION, OR CALIBRATION OR REPAIR  OF  MACHINES
 OR  INSTRUMENTS UTILIZED TO PERFORM SUCH SCIENTIFIC TESTS OR EXPERIMENTS
 AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPERATOR  OF  THE
 MACHINE  OR  INSTRUMENT,  WHICH TESTS OR EXAMINATIONS WERE MADE BY OR AT
 THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
 ACTIVITY.  THE  REPORT OF THE POLICE OFFICER SHALL BE VERIFIED BY HAVING
 THE REPORT SWORN TO, OR BY AFFIXING TO SUCH REPORT A  FORM  NOTICE  THAT
 FALSE  STATEMENTS  MADE  THEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR
 PURSUANT TO SECTION 210.45 OF THE PENAL LAW AND SUCH FORM NOTICE TOGETH-
 A. 29                              29
 
 ER WITH THE SUBSCRIPTION OF THE DEPONENT SHALL  CONSTITUTE  VERIFICATION
 OF THE REPORT.
   (B)  EVERY  PERSON  UNDER THE AGE OF TWENTY-ONE WHO IS ALLEGED TO HAVE
 OPERATED A VESSEL AFTER HAVING CONSUMED ALCOHOL AS SET FORTH IN  SECTION
 SEVENTY-NINE-E  OF  THIS  ARTICLE, AND WHO IS NOT CHARGED WITH VIOLATING
 ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE ARISING OUT OF
 THE SAME INCIDENT, IS ENTITLED TO A HEARING BEFORE A HEARING OFFICER  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS  SECTION.  UNLESS  OTHERWISE
 PROVIDED BY LAW, THE PRIVILEGE TO OPERATE A VESSEL OR  ANY  NON-RESIDENT
 OPERATING  PRIVILEGE  OF  SUCH  PERSON SHALL NOT BE SUSPENDED OR REVOKED
 PRIOR TO THE SCHEDULED DATE FOR SUCH HEARING.
   (I) THE HEARING SHALL BE LIMITED TO THE FOLLOWING ISSUES: (1) DID SUCH
 PERSON OPERATE THE VESSEL; (2) WAS A VALID REQUEST TO SUBMIT TO A CHEMI-
 CAL TEST MADE BY THE POLICE OFFICER IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION SEVENTY-NINE-G OF THIS ARTICLE; (3) WAS SUCH  PERSON  LESS  THAN
 TWENTY-ONE  YEARS OF AGE AT THE TIME OF OPERATION OF THE VESSEL; (4) WAS
 THE  CHEMICAL  TEST  PROPERLY  ADMINISTERED  IN  ACCORDANCE   WITH   THE
 PROVISIONS  OF  SECTION SEVENTY-NINE-G OF THIS ARTICLE; (5) DID THE TEST
 FIND THAT SUCH PERSON HAD OPERATED A VESSEL AFTER HAVING CONSUMED  ALCO-
 HOL  AS  DEFINED  IN SECTION SEVENTY-NINE-E OF THIS ARTICLE; AND (6) DID
 THE POLICE OFFICER MAKE A LAWFUL STOP OF  SUCH  PERSON.  THE  BURDEN  OF
 PROOF  SHALL  BE  ON THE POLICE OFFICER TO PROVE EACH OF THESE ISSUES BY
 CLEAR AND CONVINCING EVIDENCE.
   (II) EVERY PERSON WHO IS ENTITLED TO A HEARING PURSUANT TO THIS SUBDI-
 VISION HAS THE RIGHT TO BE PRESENT AT  THE  HEARING;  THE  RIGHT  TO  BE
 REPRESENTED  BY ATTORNEY, OR IN THE HEARING OFFICER'S DISCRETION, BY ANY
 OTHER PERSON THE OPERATOR CHOOSES;  THE  RIGHT  TO  RECEIVE  AND  REVIEW
 DISCOVERY  MATERIALS  AS  PROVIDED IN THIS SUBDIVISION; THE RIGHT NOT TO
 TESTIFY; THE RIGHT TO PRESENT EVIDENCE AND WITNESSES IN HIS OR  HER  OWN
 BEHALF;  THE  RIGHT TO CROSS EXAMINE ADVERSE WITNESSES; AND THE RIGHT TO
 APPEAL FROM AN ADVERSE DETERMINATION IN ACCORDANCE WITH ARTICLE  THREE-A
 OF  THE  VEHICLE  AND TRAFFIC LAW.  ANY PERSON REPRESENTING THE OPERATOR
 MUST CONFORM TO THE STANDARDS OF CONDUCT REQUIRED OF ATTORNEYS APPEARING
 BEFORE STATE COURTS, AND FAILURE TO CONFORM TO THESE STANDARDS  WILL  BE
 GROUNDS  FOR  DECLINING TO PERMIT HIS OR HER CONTINUED APPEARANCE IN THE
 HEARING.
   (III) HEARINGS CONDUCTED PURSUANT TO  THIS  SUBDIVISION  SHALL  BE  IN
 ACCORDANCE  WITH  THIS SUBDIVISION AND WITH THE PROVISIONS APPLICABLE TO
 THE ADJUDICATION  OF  TRAFFIC  INFRACTIONS  PURSUANT  TO  THE  FOLLOWING
 PROVISIONS  OF  PART 124 OF TITLE 15 OF THE CODES, RULES AND REGULATIONS
 OF THE STATE OF NEW YORK: SUBDIVISION (B) OF SECTION 124.1 REGARDING THE
 OPENING STATEMENT; SUBDIVISION (B) OF SECTION 124.2 REGARDING THE  RIGHT
 TO  REPRESENTATION AND TO REMAIN SILENT AND SUBDIVISIONS (A) THROUGH (E)
 OF SECTION 124.4 REGARDING THE CONDUCT OF  THE  HEARING,  PROCEDURE  AND
 RECUSAL;  PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS SUBPARAGRAPH
 SHALL BE DEEMED TO PRECLUDE A HEARING OFFICER FROM CHANGING THE ORDER OF
 A HEARING CONDUCTED PURSUANT TO THIS SUBDIVISION AS JUSTICE MAY  REQUIRE
 AND FOR GOOD CAUSE SHOWN.
   (IV)  THE  RULES GOVERNING RECEIPT OF EVIDENCE IN A COURT OF LAW SHALL
 NOT APPLY IN A HEARING CONDUCTED PURSUANT TO THIS SUBDIVISION EXCEPT  AS
 FOLLOWS:
   (1)  ON  THE MERITS OF THE CHARGE, AND WHETHER OR NOT A PARTY OBJECTS,
 THE HEARING OFFICER SHALL EXCLUDE FROM CONSIDERATION  THE  FOLLOWING:  A
 PRIVILEGED  COMMUNICATION;  EVIDENCE  WHICH, FOR CONSTITUTIONAL REASONS,
 WOULD NOT BE ADMISSIBLE IN A COURT OF LAW; EVIDENCE OF PRIOR MISCONDUCT,
 A. 29                              30
 
 INCOMPETENCY OR ILLNESS, EXCEPT WHERE SUCH EVIDENCE WOULD BE  ADMISSIBLE
 IN A COURT OF LAW; EVIDENCE WHICH IS IRRELEVANT OR IMMATERIAL;
   (2)  NO NEGATIVE INFERENCE SHALL BE DRAWN FROM THE OPERATOR'S EXERCIS-
 ING THE RIGHT NOT TO TESTIFY.
   (V) IF, AFTER SUCH HEARING, THE HEARING OFFICER, ACTING ON  BEHALF  OF
 THE COMMISSIONER OF MOTOR VEHICLES, FINDS ALL OF THE ISSUES SET FORTH IN
 THIS  SUBDIVISION  IN THE AFFIRMATIVE, THE HEARING OFFICER SHALL SUSPEND
 OR REVOKE THE PRIVILEGE TO OPERATE A VESSEL  OR  NON-RESIDENT  OPERATING
 PRIVILEGE  OF  SUCH PERSON IN ACCORDANCE WITH THE TIME PERIODS SET FORTH
 IN SUBDIVISION TWO OF SECTION SEVENTY-NINE-F OF THIS ARTICLE. IF,  AFTER
 SUCH  HEARING, THE HEARING OFFICER, ACTING ON BEHALF OF THE COMMISSIONER
 OF MOTOR VEHICLES, FINDS ANY OF SAID ISSUES IN THE NEGATIVE, THE HEARING
 OFFICER MUST FIND THAT THE OPERATOR  DID  NOT  OPERATE  A  VESSEL  AFTER
 HAVING CONSUMED ALCOHOL.
   (VI) A PERSON WHO HAS HAD A PRIVILEGE TO OPERATE A VESSEL OR NON-RESI-
 DENT OPERATING PRIVILEGE SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS
 OF THIS SECTION MAY APPEAL THE FINDING OF THE HEARING OFFICER IN ACCORD-
 ANCE  WITH  THE PROVISIONS OF ARTICLE THREE-A OF THE VEHICLE AND TRAFFIC
 LAW.
   (C) UNLESS AN ADJOURNMENT OF THE HEARING DATE HAS BEEN  GRANTED,  UPON
 THE  OPERATOR'S  FAILURE  TO APPEAR FOR A SCHEDULED HEARING, THE COMMIS-
 SIONER OF MOTOR VEHICLES SHALL REPORT  THE  FAILURE  TO  APPEAR  TO  THE
 COMMISSIONER  AND SUCH COMMISSIONER SHALL SUSPEND THE PRIVILEGE TO OPER-
 ATE A VESSEL OR NON-RESIDENT  OPERATING  PRIVILEGE  UNTIL  THE  OPERATOR
 PETITIONS  THE  COMMISSIONER  AND  A  RESCHEDULED  HEARING IS CONDUCTED,
 PROVIDED, HOWEVER, THE COMMISSIONER SHALL RESTORE SUCH  PERSON'S  PRIVI-
 LEGE  TO  OPERATE  A  VESSEL OR NON-RESIDENT OPERATING PRIVILEGE IF SUCH
 RESCHEDULED HEARING IS ADJOURNED AT THE REQUEST OF A PERSON  OTHER  THAN
 THE  OPERATOR. REQUESTS FOR ADJOURNMENTS SHALL BE MADE AND DETERMINED IN
 ACCORDANCE WITH REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF  MOTOR
 VEHICLES. IF SUCH A REQUEST BY THE OPERATOR FOR AN ADJOURNMENT IS GRANT-
 ED,  THE COMMISSIONER OF MOTOR VEHICLES SHALL NOTIFY THE OPERATOR OF THE
 RESCHEDULED HEARING, WHICH SHALL BE SCHEDULED FOR THE NEXT HEARING DATE.
 IF A SECOND OR SUBSEQUENT REQUEST BY THE OPERATOR FOR AN ADJOURNMENT  IS
 GRANTED,  THE  OPERATOR'S  PRIVILEGE TO OPERATE A VESSEL OR NON-RESIDENT
 OPERATING PRIVILEGE MAY BE SUSPENDED PENDING THE  HEARING  AT  THE  TIME
 SUCH  ADJOURNMENT IS GRANTED; PROVIDED, HOWEVER, THAT THE RECORDS OF THE
 DEPARTMENT OF MOTOR VEHICLES OR THE EVIDENCE ALREADY ADMITTED  FURNISHES
 REASONABLE  GROUNDS  TO  BELIEVE SUCH SUSPENSION IS NECESSARY TO PREVENT
 CONTINUING VIOLATIONS OR  A  SUBSTANTIAL  SAFETY  HAZARD;  AND  PROVIDED
 FURTHER, THAT SUCH HEARING SHALL BE SCHEDULED FOR THE NEXT HEARING DATE.
   IF A POLICE OFFICER DOES NOT APPEAR FOR A HEARING, THE HEARING OFFICER
 SHALL HAVE THE AUTHORITY TO DISMISS THE CHARGE. ANY PERSON MAY WAIVE THE
 RIGHT  TO  A  HEARING  UNDER  THIS  SUBDIVISION,  IN  A  FORM AND MANNER
 PRESCRIBED BY THE COMMISSIONER OF  MOTOR  VEHICLES,  AND  MAY  ENTER  AN
 ADMISSION  OF  GUILT, IN PERSON OR BY MAIL, TO THE CHARGE OF OPERATING A
 VESSEL IN VIOLATION OF SECTION  SEVENTY-NINE-E  OF  THIS  ARTICLE.  SUCH
 ADMISSION  OF GUILT SHALL HAVE THE SAME FORCE AND EFFECT AS A FINDING OF
 GUILT ENTERED FOLLOWING A HEARING CONDUCTED PURSUANT  TO  THIS  SUBDIVI-
 SION.
   2.  HEARING  NOTICE. THE HEARING NOTICE ISSUED TO AN OPERATOR PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION SHALL BE IN A FORM AS  PRESCRIBED  BY
 THE  COMMISSIONER OF MOTOR VEHICLES.  IN ADDITION TO CONTAINING INFORMA-
 TION CONCERNING THE TIME, DATE AND LOCATION OF  THE  HEARING,  AND  SUCH
 OTHER  INFORMATION AS THE COMMISSIONER OF MOTOR VEHICLES DEEMS APPROPRI-
 ATE, SUCH HEARING NOTICE SHALL ALSO CONTAIN THE  FOLLOWING  INFORMATION:
 A. 29                              31
 
 THE  DATE,  TIME  AND  PLACE  OF THE OFFENSE CHARGED; THE PROCEDURES FOR
 REQUESTING AN ADJOURNMENT OF A SCHEDULED HEARING  AS  PROVIDED  IN  THIS
 SECTION,  THE  OPERATOR'S  RIGHT TO A HEARING CONDUCTED PURSUANT TO THIS
 SECTION  AND THE RIGHT TO WAIVE SUCH HEARING AND PLEAD GUILTY, EITHER IN
 PERSON OR BY MAIL, TO THE OFFENSE CHARGED.
   3. CIVIL PENALTY. UNLESS OTHERWISE PROVIDED, ANY PERSON  WHOSE  PRIVI-
 LEGE  TO  OPERATE  A  VESSEL  OR ANY NON-RESIDENT OPERATING PRIVILEGE IS
 SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF  THIS  SECTION  SHALL
 ALSO  BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF ONE HUNDRED TWENTY-
 FIVE DOLLARS. THE FIRST FIFTY DOLLARS OF EACH PENALTY COLLECTED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF THIS SUBDIVI-
 SION  SHALL BE PAID TO THE COMMISSIONER OF MOTOR VEHICLES FOR DEPOSIT TO
 THE GENERAL FUND AND THE REMAINDER OF ALL SUCH PENALTIES SHALL  BE  PAID
 TO  THE  COMMISSIONER  FOR  DEPOSIT IN THE "I LOVE NY WATERWAYS" BOATING
 SAFETY FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-NN OF THE STATE
 FINANCE LAW, AS ADDED BY CHAPTER EIGHT HUNDRED FIVE OF THE LAWS OF NINE-
 TEEN HUNDRED NINETY-TWO.
   4. REFUSAL REPORT AND HEARING. (A) ANY PERSON UNDER THE AGE  OF  TWEN-
 TY-ONE  WHO  IS  SUSPECTED  OF  OPERATING A VESSEL AFTER HAVING CONSUMED
 ALCOHOL IN VIOLATION OF SECTION SEVENTY-NINE-E OF THIS ARTICLE, AND  WHO
 IS  NOT CHARGED WITH VIOLATING ANY SUBDIVISION OF SECTION SEVENTY-NINE-D
 OF THIS ARTICLE ARISING OUT OF THE  SAME  INCIDENT,  AND  WHO  HAS  BEEN
 REQUESTED  TO  SUBMIT  TO  A  CHEMICAL TEST PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION TWO OF SECTION SEVENTY-NINE-G  OF  THIS  ARTICLE  AND  AFTER
 HAVING  BEEN  INFORMED THAT HIS OR HER PRIVILEGE TO OPERATE A VESSEL AND
 ANY NON-RESIDENT OPERATING PRIVILEGE SHALL BE  REVOKED  FOR  REFUSAL  TO
 SUBMIT  TO  SUCH  CHEMICAL  TEST  OR ANY PORTION THEREOF, WHETHER OR NOT
 THERE IS A FINDING OF OPERATION OF A VESSEL AFTER HAVING CONSUMED  ALCO-
 HOL,  AND  SUCH  PERSON  REFUSES  TO SUBMIT TO SUCH CHEMICAL TEST OR ANY
 PORTION THEREOF, SHALL BE ENTITLED TO A HEARING  IN  ACCORDANCE  WITH  A
 SCHEDULE  PROMULGATED  BY  THE  COMMISSIONER OF MOTOR VEHICLES, AND SUCH
 HEARING SHALL OCCUR WITHIN THIRTY DAYS OF, BUT NOT LESS THAN FORTY-EIGHT
 HOURS FROM, THE DATE OF  SUCH  REFUSAL,  PROVIDED,  HOWEVER,  WHERE  THE
 COMMISSIONER  OF  MOTOR VEHICLES DETERMINES, BASED UPON THE AVAILABILITY
 OF HEARING OFFICERS AND THE ANTICIPATED VOLUME OF HEARINGS AT A  PARTIC-
 ULAR  LOCATION,  THAT  THE SCHEDULING OF SUCH HEARING WITHIN THIRTY DAYS
 WOULD IMPAIR THE TIMELY  SCHEDULING  OR  CONDUCTING  OF  OTHER  HEARINGS
 PURSUANT  TO  THIS  CHAPTER, SUCH HEARING SHALL BE SCHEDULED AT THE NEXT
 HEARING DATE FOR SUCH PARTICULAR LOCATION.
   (B) UNLESS AN ADJOURNMENT OF THE HEARING DATE HAS BEEN  GRANTED,  UPON
 THE  OPERATOR'S  FAILURE  TO APPEAR FOR A SCHEDULED HEARING, THE COMMIS-
 SIONER OF MOTOR VEHICLES SHALL REPORT  THE  FAILURE  TO  APPEAR  TO  THE
 COMMISSIONER  AND  SHALL  SUSPEND  THE  PRIVILEGE TO OPERATE A VESSEL OR
 NON-RESIDENT  OPERATING  PRIVILEGE  UNTIL  THE  OPERATOR  PETITIONS  THE
 COMMISSIONER  AND A RESCHEDULED HEARING IS CONDUCTED, PROVIDED, HOWEVER,
 THE COMMISSIONER SHALL RESTORE SUCH  PERSON'S  PRIVILEGE  TO  OPERATE  A
 VESSEL  OR  NON-RESIDENT OPERATING PRIVILEGE IF SUCH RESCHEDULED HEARING
 IS ADJOURNED AT THE  REQUEST  OF  A  PERSON  OTHER  THAN  THE  OPERATOR.
 REQUESTS  FOR  ADJOURNMENTS  SHALL  BE MADE AND DETERMINED IN ACCORDANCE
 WITH REGULATIONS PROMULGATED BY THE COMMISSIONER OF MOTOR  VEHICLES.  IF
 SUCH  A  REQUEST  BY  THE  OPERATOR  FOR  AN ADJOURNMENT IS GRANTED, THE
 COMMISSIONER OF MOTOR VEHICLES SHALL NOTIFY THE OPERATOR OF THE RESCHED-
 ULED HEARING, WHICH SHALL BE SCHEDULED FOR THE NEXT HEARING DATE.  IF  A
 SECOND  OR  SUBSEQUENT  REQUEST  BY  THE  OPERATOR FOR AN ADJOURNMENT IS
 GRANTED, THE OPERATOR'S PRIVILEGE TO OPERATE A  VESSEL  OR  NON-RESIDENT
 OPERATING  PRIVILEGE  MAY  BE  SUSPENDED PENDING THE HEARING AT THE TIME
 A. 29                              32
 
 SUCH ADJOURNMENT IS GRANTED; PROVIDED, HOWEVER, THAT THE RECORDS OF  THE
 DEPARTMENT  OF MOTOR VEHICLES OR THE EVIDENCE ALREADY ADMITTED FURNISHES
 REASONABLE GROUNDS TO BELIEVE SUCH SUSPENSION IS  NECESSARY  TO  PREVENT
 CONTINUING  VIOLATIONS  OR  A  SUBSTANTIAL  TRAFFIC  SAFETY  HAZARD; AND
 PROVIDED FURTHER, THAT SUCH HEARING SHALL  BE  SCHEDULED  FOR  THE  NEXT
 HEARING.
   IF A POLICE OFFICER DOES NOT APPEAR FOR A HEARING, THE HEARING OFFICER
 SHALL HAVE THE AUTHORITY TO DISMISS THE CHARGE. ANY PERSON MAY WAIVE THE
 RIGHT TO A HEARING UNDER THIS SUBDIVISION.
   (C)  THE  HEARING ON THE REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT
 TO THIS SUBDIVISION SHALL BE LIMITED TO THE FOLLOWING ISSUES: (1) WAS  A
 VALID REQUEST TO SUBMIT TO A CHEMICAL TEST MADE BY THE POLICE OFFICER IN
 ACCORDANCE  WITH  THE PROVISIONS OF SECTION SEVENTY-NINE-G OF THIS ARTI-
 CLE; (2) WAS SUCH PERSON GIVEN SUFFICIENT WARNING, IN CLEAR OR  UNEQUIV-
 OCAL LANGUAGE, PRIOR TO SUCH REFUSAL THAT SUCH REFUSAL TO SUBMIT TO SUCH
 CHEMICAL  TEST OR ANY PORTION THEREOF, WOULD RESULT IN THE REVOCATION OF
 SUCH PERSON'S PRIVILEGE TO OPERATE A VESSEL  OR  NON-RESIDENT  OPERATING
 PRIVILEGE, WHETHER OR NOT SUCH PERSON IS FOUND TO HAVE OPERATED A VESSEL
 AFTER  HAVING  CONSUMED ALCOHOL; (3) DID SUCH PERSON REFUSE TO SUBMIT TO
 SUCH CHEMICAL TEST OR ANY PORTION THEREOF; (4) DID SUCH  PERSON  OPERATE
 THE VESSEL; (5) WAS SUCH PERSON LESS THAN TWENTY-ONE YEARS OF AGE AT THE
 TIME  OF  OPERATION OF THE VESSEL; AND (6) DID THE POLICE OFFICER MAKE A
 LAWFUL STOP OF SUCH PERSON. IF, AFTER SUCH HEARING, THE HEARING OFFICER,
 ACTING ON BEHALF OF THE COMMISSIONER OF MOTOR  VEHICLES,  FINDS  ON  ANY
 SAID  ISSUE  IN  THE  NEGATIVE, THE HEARING OFFICER SHALL NOT REVOKE THE
 OPERATOR'S PRIVILEGE TO OPERATE A VESSEL OR NON-RESIDENT OPERATING PRIV-
 ILEGE AND SHALL IMMEDIATELY TERMINATE ANY OUTSTANDING SUSPENSION OF  THE
 OPERATOR'S PRIVILEGE TO OPERATE A VESSEL OR NON-RESIDENT OPERATING PRIV-
 ILEGE  ARISING  FROM  SUCH  REFUSAL. IF, AFTER SUCH HEARING, THE HEARING
 OFFICER, ACTING ON BEHALF OF THE COMMISSIONER OF MOTOR  VEHICLES,  FINDS
 ALL  OF  THE ISSUES IN THE AFFIRMATIVE, SUCH HEARING OFFICER SHALL IMME-
 DIATELY REVOKE PRIVILEGE TO OPERATE A VESSEL OR ANY NON-RESIDENT OPERAT-
 ING PRIVILEGE IN ACCORDANCE WITH THE  PROVISIONS  OF  PARAGRAPH  (D)  OF
 SUBDIVISION  TWO OF SECTION SEVENTY-NINE-G OF THIS ARTICLE. A PERSON WHO
 HAS HAD A PRIVILEGE TO OPERATE A VESSEL OR NON-RESIDENT OPERATING PRIVI-
 LEGE SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF THIS SECTION MAY
 APPEAL THE FINDINGS OF  THE  HEARING  OFFICER  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF ARTICLE THREE-A OF THE VEHICLE AND TRAFFIC LAW.
   §  79-I.  CHEMICAL  TEST EVIDENCE. 1. ADMISSIBILITY. UPON THE TRIAL OF
 ANY ACTION OR PROCEEDING ARISING OUT OF ACTIONS  ALLEGED  TO  HAVE  BEEN
 COMMITTED  BY  ANY PERSON ARRESTED FOR A VIOLATION OF ANY SUBDIVISION OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE, THE COURT SHALL  ADMIT  EVIDENCE
 OF THE AMOUNT OF ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A
 TEST  ADMINISTERED  PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-NINE-G
 OF THIS ARTICLE.
   2. PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF
 BLOOD-ALCOHOL CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED
 FOR VIOLATION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE:
   (A) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
 ABILITY  OF  SUCH  PERSON  TO  OPERATE  A VESSEL WAS NOT IMPAIRED BY THE
 CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN  AN  INTOXICATED
 CONDITION;
   (B)  EVIDENCE  THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 A. 29                              33
 
 CONDITION,  BUT  SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE, BUT SHALL NOT
 BE GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF  SUCH
 PERSON  TO  OPERATE A VESSEL WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL;
 AND
   (C)  EVIDENCE  THAT  THERE  WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING  WHETHER  THE  ABILITY  OF  SUCH  PERSON  TO OPERATE A VESSEL WAS
 IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   3. SUPPRESSION. A DEFENDANT WHO HAS BEEN  COMPELLED  TO  SUBMIT  TO  A
 CHEMICAL TEST PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
 SEVENTY-NINE-G  OF  THIS  ARTICLE  MAY  MOVE FOR THE SUPPRESSION OF SUCH
 EVIDENCE IN ACCORDANCE WITH ARTICLE SEVEN HUNDRED TEN  OF  THE  CRIMINAL
 PROCEDURE  LAW  ON  THE GROUNDS THAT THE ORDER WAS OBTAINED AND THE TEST
 ADMINISTERED IN VIOLATION OF THE PROVISIONS OF SUCH SUBDIVISION  OR  ANY
 OTHER APPLICABLE LAW.
   §  79-J. ALCOHOL AND DRUG REHABILITATION PROGRAM WITHIN THE DEPARTMENT
 OF MOTOR VEHICLES. THE COMMISSIONER SHALL WORK WITH THE COMMISSIONER  OF
 MOTOR  VEHICLES TO PROVIDE ACCESS TO THE ALCOHOL AND DRUG REHABILITATION
 PROGRAM ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THE
 VEHICLE AND TRAFFIC LAW TO THOSE PERSONS CONVICTED OF ALCOHOL  OR  DRUG-
 RELATED  OPERATION OF A VESSEL OFFENSES OR PERSONS WHO HAVE BEEN ADJUDI-
 CATED YOUTHFUL OFFENDERS FOR ALCOHOL  OR  DRUG-RELATED  OPERATION  OF  A
 VESSEL  OFFENSES, OR PERSONS FOUND TO HAVE BEEN OPERATING A VESSEL AFTER
 HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION SEVENTY-NINE-E  OF  THIS
 ARTICLE, WHO CHOOSE TO PARTICIPATE AND WHO SATISFY THE CRITERIA AND MEET
 THE  REQUIREMENTS  FOR  PARTICIPATION  AS  ESTABLISHED BY SECTION ELEVEN
 HUNDRED NINETY-SIX OF THE VEHICLE AND TRAFFIC LAW  AND  THE  REGULATIONS
 PROMULGATED   THEREUNDER;   PROVIDED,   HOWEVER,   IN  THE  EXERCISE  OF
 DISCRETION, THE JUDGE IMPOSING SENTENCE MAY PROHIBIT THE DEFENDANT  FROM
 ENROLLING IN SUCH PROGRAM.
   § 79-K. SPECIAL OPTIONS PROGRAM FOR OPERATION OF A VESSEL WHILE INTOX-
 ICATED. THE COMMISSIONER SHALL WORK WITH THE COMMISSIONER OF MOTOR VEHI-
 CLES  TO  INCLUDE  A  PLAN  FOR  COORDINATION  OF COUNTY, TOWN, CITY AND
 VILLAGE EFFORTS TO REDUCE ALCOHOL-RELATED BOATING INJURIES  AND  FATALI-
 TIES  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN OF THE VEHICLE AND
 TRAFFIC LAW.
   § 79-L. INSTALLATION AND OPERATION OF IGNITION INTERLOCK  DEVICES.  1.
 APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY THROUGHOUT THE
 STATE  TO  EACH  PERSON  REQUIRED  OR  OTHERWISE ORDERED BY A COURT AS A
 CONDITION OF PROBATION OR CONDITIONAL DISCHARGE TO INSTALL  AND  OPERATE
 AN IGNITION INTERLOCK DEVICE IN ANY VESSEL WHICH HE OR SHE OWNS OR OPER-
 ATES.
   2.  REQUIREMENTS. (A) IN ADDITION TO ANY OTHER PENALTIES PRESCRIBED BY
 LAW, THE COURT SHALL REQUIRE THAT ANY PERSON WHO HAS BEEN CONVICTED OF A
 VIOLATION OF SUBDIVISION THREE, FOUR OR FIVE OF  SECTION  SEVENTY-NINE-D
 OF  THIS  ARTICLE, OR ANY CRIME DEFINED BY THIS CHAPTER OR THE PENAL LAW
 OF WHICH AN ALCOHOL-RELATED VIOLATION OF ANY PROVISION OF SECTION SEVEN-
 TY-NINE-D OF THIS ARTICLE IS AN ESSENTIAL ELEMENT, TO INSTALL AND  MAIN-
 TAIN,  AS A CONDITION OF PROBATION OR CONDITIONAL DISCHARGE, A FUNCTION-
 ING IGNITION INTERLOCK DEVICE IN ACCORDANCE WITH THE PROVISIONS OF  THIS
 SECTION  AND, AS APPLICABLE, IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION ONE OF SECTION SEVENTY-NINE-F OF THIS ARTICLE. FOR ANY SUCH INDI-
 VIDUAL SUBJECT TO A SENTENCE OF PROBATION, INSTALLATION AND  MAINTENANCE
 OF SUCH IGNITION INTERLOCK DEVICE SHALL BE A CONDITION OF PROBATION.
 A. 29                              34
 
   (B)  NOTHING  CONTAINED  IN  THIS SECTION SHALL PROHIBIT A COURT, UPON
 APPLICATION BY A PROBATION DEPARTMENT, FROM MODIFYING THE CONDITIONS  OF
 PROBATION  OF  ANY  PERSON CONVICTED OF ANY VIOLATION SET FORTH IN PARA-
 GRAPH (A) OF THIS SUBDIVISION  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  TO  REQUIRE  THE INSTALLATION AND MAINTENANCE OF A FUNCTIONING
 IGNITION INTERLOCK DEVICE, AND SUCH PERSON SHALL THEREAFTER  BE  SUBJECT
 TO THE PROVISIONS OF THIS SECTION.
   (C)  NOTHING  CONTAINED  IN  THIS  SECTION  SHALL AUTHORIZE A COURT TO
 SENTENCE ANY PERSON TO A PERIOD OF PROBATION  OR  CONDITIONAL  DISCHARGE
 FOR  THE  PURPOSE  OF  SUBJECTING  SUCH PERSON TO THE PROVISIONS OF THIS
 SECTION, UNLESS SUCH PERSON WOULD HAVE OTHERWISE BEEN SO ELIGIBLE FOR  A
 SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE.
   3.  CONDITIONS.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE
 COMMISSIONER MAY GRANT A POST-REVOCATION CONDITIONAL PRIVILEGE TO  OPER-
 ATE  A  VESSEL,  AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, TO A
 PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION THREE,  FOUR
 OR  FIVE  OF  SECTION  SEVENTY-NINE-D  OF  THIS ARTICLE AND WHO HAS BEEN
 SENTENCED TO A PERIOD OF PROBATION OR  CONDITIONAL  DISCHARGE,  PROVIDED
 THE  PERSON  HAS  SATISFIED  THE MINIMUM PERIOD OF THE REVOCATION OF THE
 PRIVILEGE TO OPERATE A VESSEL ESTABLISHED BY LAW  AND  THE  COMMISSIONER
 HAS  BEEN  NOTIFIED  THAT SUCH PERSON MAY OPERATE ONLY A VESSEL EQUIPPED
 WITH A FUNCTIONING IGNITION INTERLOCK DEVICE.  IN EXERCISING  DISCRETION
 RELATING  TO  THE ISSUANCE OF A POST-REVOCATION CONDITIONAL PRIVILEGE TO
 OPERATE A VESSEL PURSUANT TO THIS SUBDIVISION,  THE  COMMISSIONER  SHALL
 NOT  DENY  SUCH ISSUANCE BASED SOLELY UPON THE NUMBER OF CONVICTIONS FOR
 VIOLATIONS OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS  ARTICLE
 COMMITTED  BY  SUCH PERSON WITHIN THE TEN YEARS PRIOR TO APPLICATION FOR
 SUCH PRIVILEGE TO OPERATE A VESSEL. UPON THE TERMINATION OF  THE  PERIOD
 OF  PROBATION  OR CONDITIONAL DISCHARGE SET BY THE COURT, THE PERSON MAY
 APPLY TO THE COMMISSIONER FOR RESTORATION OF A PRIVILEGE  TO  OPERATE  A
 VESSEL IN ACCORDANCE WITH THIS CHAPTER.
   (B)  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF THIS CHAPTER, A
 POST-REVOCATION CONDITIONAL PRIVILEGE TO OPERATE A VESSEL GRANTED PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VALID ONLY FOR USE  BY
 THE  HOLDER  THEREOF:  (1)  ENROUTE  TO  AND  FROM THE HOLDER'S PLACE OF
 EMPLOYMENT; (2) IF THE HOLDER'S EMPLOYMENT REQUIRES THE OPERATION  OF  A
 VESSEL THEN DURING THE HOURS THEREOF; (3) ENROUTE TO AND FROM A CLASS OR
 COURSE  AT  AN  ACCREDITED  SCHOOL,  COLLEGE OR UNIVERSITY OR AT A STATE
 APPROVED INSTITUTION OF VOCATIONAL OR TECHNICAL  TRAINING;  (4)  TO  AND
 FROM  COURT  ORDERED PROBATION ACTIVITIES; (5) TO AND FROM AN OFFICE FOR
 THE TRANSACTION OF BUSINESS RELATING TO  SUCH  PRIVILEGE  TO  OPERATE  A
 VESSEL;  (6)  FOR A THREE HOUR CONSECUTIVE DAYTIME PERIOD, CHOSEN BY THE
 OFFICE, ON A DAY DURING WHICH THE PARTICIPANT IS NOT  ENGAGED  IN  USUAL
 EMPLOYMENT OR VOCATION; (7) ENROUTE TO AND FROM A MEDICAL EXAMINATION OR
 TREATMENT  AS PART OF A NECESSARY MEDICAL TREATMENT FOR SUCH PARTICIPANT
 OR MEMBER OF THE PARTICIPANT'S HOUSEHOLD,  AS  EVIDENCED  BY  A  WRITTEN
 STATEMENT  TO  THAT  EFFECT  FROM  A  LICENSED MEDICAL PRACTITIONER; (8)
 ENROUTE TO AND FROM A CLASS OR AN ACTIVITY WHICH IS AN  AUTHORIZED  PART
 OF  THE  ALCOHOL  AND  DRUG  REHABILITATION PROGRAM AND AT WHICH PARTIC-
 IPANT'S ATTENDANCE IS REQUIRED; AND (9) ENROUTE TO  AND  FROM  A  PLACE,
 INCLUDING  A SCHOOL, AT WHICH A CHILD OR CHILDREN OF THE PARTICIPANT ARE
 CARED FOR ON A REGULAR BASIS AND WHICH IS NECESSARY FOR THE  PARTICIPANT
 TO MAINTAIN SUCH PARTICIPANT'S EMPLOYMENT OR ENROLLMENT AT AN ACCREDITED
 SCHOOL,  COLLEGE  OR  UNIVERSITY  OR  AT A STATE APPROVED INSTITUTION OF
 VOCATIONAL OR TECHNICAL TRAINING.
 A. 29                              35
 
   (C) THE POST-REVOCATION CONDITIONAL  PRIVILEGE  TO  OPERATE  A  VESSEL
 DESCRIBED  IN  THIS  SUBDIVISION  MAY BE REVOKED BY THE COMMISSIONER FOR
 SUFFICIENT CAUSE INCLUDING BUT NOT LIMITED TO, FAILURE  TO  COMPLY  WITH
 THE  TERMS  OF  THE  CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET
 FORTH  BY  THE  COURT,  CONVICTION  OF ANY OPERATION OF A VESSEL OFFENSE
 OTHER THAN ONE INVOLVING A CONVICTION OF  ANY  ALCOHOL  OR  DRUG-RELATED
 OFFENSE, MISDEMEANOR OR FELONY OR FAILURE TO INSTALL OR MAINTAIN A COURT
 ORDERED IGNITION INTERLOCK DEVICE.
   (D)  NOTHING CONTAINED HEREIN SHALL PROHIBIT THE COURT FROM REQUIRING,
 AS A CONDITION OF PROBATION OR CONDITIONAL DISCHARGE,  THE  INSTALLATION
 OF  A FUNCTIONING IGNITION INTERLOCK DEVICE IN ANY VESSEL OWNED OR OPER-
 ATED BY A PERSON SENTENCED FOR A VIOLATION OF SUBDIVISION  THREE,  FOUR,
 OR  FIVE OF SECTION SEVENTY-NINE-D OF THIS ARTICLE, OR ANY CRIME DEFINED
 BY THIS CHAPTER OR THE PENAL LAW OF WHICH AN  ALCOHOL-RELATED  VIOLATION
 OF  ANY PROVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE IS AN ESSEN-
 TIAL ELEMENT, IF THE COURT IN ITS DISCRETION,  DETERMINES  THAT  SUCH  A
 CONDITION  IS  NECESSARY  TO ENSURE THE PUBLIC SAFETY.  IMPOSITION OF AN
 IGNITION INTERLOCK CONDITION SHALL IN NO WAY LIMIT  THE  EFFECT  OF  ANY
 PERIOD  OF  SUSPENSION  OR REVOCATION OF A PRIVILEGE TO OPERATE A VESSEL
 SET FORTH BY THE COMMISSIONER OR THE COURT.
   (E) NOTHING CONTAINED HEREIN SHALL PREVENT THE COURT FROM APPLYING ANY
 OTHER CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE ALLOWED  BY  LAW,
 INCLUDING TREATMENT FOR ALCOHOL OR DRUG ABUSE, RESTITUTION AND COMMUNITY
 SERVICE.
   (F) THE COMMISSIONER SHALL NOTE ON THE OPERATOR'S RECORD OF ANY PERSON
 RESTRICTED  PURSUANT  TO  THIS  SECTION  THAT,  IN ADDITION TO ANY OTHER
 RESTRICTIONS, CONDITIONS OR LIMITATIONS, SUCH PERSON MAY OPERATE ONLY  A
 VESSEL EQUIPPED WITH AN IGNITION INTERLOCK DEVICE.
   4. PROOF OF COMPLIANCE AND RECORDING OF CONDITION. (A) FOLLOWING IMPO-
 SITION  BY  THE  COURT  OF  THE USE OF AN IGNITION INTERLOCK DEVICE AS A
 CONDITION OF PROBATION OR CONDITIONAL DISCHARGE  IT  SHALL  REQUIRE  THE
 PERSON TO PROVIDE PROOF OF COMPLIANCE WITH THIS SECTION TO THE COURT AND
 THE  PROBATION  DEPARTMENT  OR  OTHER MONITOR WHERE SUCH PERSON IS UNDER
 PROBATION OR CONDITIONAL DISCHARGE SUPERVISION. IF THE PERSON  FAILS  TO
 PROVIDE FOR SUCH PROOF OF INSTALLATION, ABSENT A FINDING BY THE COURT OF
 GOOD  CAUSE  FOR  THAT FAILURE WHICH IS ENTERED IN THE RECORD, THE COURT
 MAY REVOKE, MODIFY, OR TERMINATE THE PERSON'S SENTENCE OF  PROBATION  OR
 CONDITIONAL  DISCHARGE  AS  PROVIDED UNDER LAW. GOOD CAUSE MAY INCLUDE A
 FINDING THAT THE PERSON IS NOT THE OWNER OF  A  VESSEL  IF  SUCH  PERSON
 ASSERTS  UNDER  OATH THAT SUCH PERSON IS NOT THE OWNER OF ANY VESSEL AND
 THAT HE OR SHE WILL NOT OPERATE ANY VESSEL DURING THE PERIOD  OF  INTER-
 LOCK  RESTRICTION EXCEPT AS MAY BE OTHERWISE AUTHORIZED PURSUANT TO LAW.
 "OWNER" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION  ONE  HUNDRED
 TWENTY-EIGHT OF THE VEHICLE AND TRAFFIC LAW.
   (B) WHEN A COURT IMPOSES THE CONDITION SPECIFIED IN SUBDIVISION ONE OF
 THIS  SECTION, THE COURT SHALL NOTIFY THE COMMISSIONER IN SUCH MANNER AS
 THE COMMISSIONER MAY PRESCRIBE, AND THE  COMMISSIONER  SHALL  NOTE  SUCH
 CONDITION  ON  THE OPERATING RECORD OF THE PERSON SUBJECT TO SUCH CONDI-
 TIONS.
   5. COST, INSTALLATION AND MAINTENANCE. (A) THE COST OF INSTALLING  AND
 MAINTAINING  THE  IGNITION INTERLOCK DEVICE SHALL BE BORNE BY THE PERSON
 SUBJECT TO SUCH CONDITION UNLESS THE COURT  DETERMINES  SUCH  PERSON  IS
 FINANCIALLY  UNABLE  TO  AFFORD  SUCH  COST  WHEREUPON  SUCH COST MAY BE
 IMPOSED PURSUANT TO A PAYMENT PLAN OR WAIVED. IN THE EVENT OF SUCH WAIV-
 ER, THE COST OF THE DEVICE SHALL BE BORNE IN ACCORDANCE WITH REGULATIONS
 ISSUED UNDER PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION  SEVENTY-NINE-F
 A. 29                              36

 OF  THIS  ARTICLE  OR PURSUANT TO SUCH OTHER AGREEMENT AS MAY BE ENTERED
 INTO FOR PROVISION OF THE DEVICE. SUCH COST SHALL BE CONSIDERED  A  FINE
 FOR  THE  PURPOSES OF SUBDIVISION FIVE OF SECTION 420.10 OF THE CRIMINAL
 PROCEDURE  LAW.    SUCH  COST SHALL NOT REPLACE, BUT SHALL INSTEAD BE IN
 ADDITION TO, ANY FINES, SURCHARGES, OR OTHER COSTS IMPOSED  PURSUANT  TO
 THIS CHAPTER OR OTHER APPLICABLE LAWS.
   (B)  THE  INSTALLATION  AND  SERVICE  PROVIDER  OF THE DEVICE SHALL BE
 RESPONSIBLE FOR THE INSTALLATION, CALIBRATION, AND MAINTENANCE  OF  SUCH
 DEVICE.
   6.  CERTIFICATION.  (A)  THE  COMMISSIONER OF THE DEPARTMENT OF HEALTH
 SHALL APPROVE IGNITION INTERLOCK DEVICES FOR  INSTALLATION  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION AND SHALL PUBLISH A LIST OF APPROVED
 DEVICES.
   (B)  AFTER  CONSULTATION  WITH  MANUFACTURERS  OF  IGNITION  INTERLOCK
 DEVICES  AND  THE  COMMISSIONER,  THE  COMMISSIONER OF THE DEPARTMENT OF
 HEALTH, IN CONSULTATION WITH THE OFFICE OF  PROBATION  AND  CORRECTIONAL
 ALTERNATIVES,  SHALL PROMULGATE REGULATIONS REGARDING STANDARDS FOR, AND
 USE  OF,  IGNITION  INTERLOCK  DEVICES.  SUCH  STANDARDS  SHALL  INCLUDE
 PROVISIONS FOR SETTING A MINIMUM AND MAXIMUM CALIBRATION RANGE AND SHALL
 INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS THAT THE DEVICES:
   (1)  HAVE  FEATURES  THAT MAKE CIRCUMVENTING DIFFICULT AND THAT DO NOT
 INTERFERE WITH THE NORMAL OR SAFE OPERATION OF THE VESSEL;
   (2) WORK ACCURATELY AND RELIABLY IN AN UNSUPERVISED ENVIRONMENT;
   (3) RESIST TAMPERING AND GIVE EVIDENCE IF TAMPERING IS ATTEMPTED;
   (4) MINIMIZE INCONVENIENCE TO A SOBER USER;
   (5) REQUIRE A PROPER, DEEP, LUNG BREATH SAMPLE OR OTHER ACCURATE MEAS-
 URE OF BLOOD ALCOHOL CONTENT EQUIVALENCE;
   (6) OPERATE RELIABLY OVER THE RANGE OF VESSEL ENVIRONMENTS;
   (7) CORRELATE WELL WITH PERMISSIBLE LEVELS OF ALCOHOL  CONSUMPTION  AS
 MAY  BE  ESTABLISHED BY THE SENTENCING COURT OR BY ANY PROVISION OF LAW;
 AND
   (8) ARE MANUFACTURED BY A PARTY COVERED BY  PRODUCT  LIABILITY  INSUR-
 ANCE.
   (C)  THE  COMMISSIONER  OF THE DEPARTMENT OF HEALTH MAY, IN HIS OR HER
 DISCRETION, ADOPT IN WHOLE OR  RELEVANT  PART,  THE  GUIDELINES,  RULES,
 REGULATIONS,  STUDIES,  OR INDEPENDENT LABORATORY TESTS PERFORMED ON AND
 RELIED UPON FOR THE CERTIFICATION  OR  APPROVAL  OF  IGNITION  INTERLOCK
 DEVICES BY OTHER STATES, THEIR AGENCIES OR COMMISSIONS.
   7.  USE  OF  OTHER VESSELS. (A) ANY REQUIREMENT OF THIS ARTICLE OR THE
 PENAL LAW THAT A PERSON OPERATE A VESSEL ONLY IF IT IS EQUIPPED WITH  AN
 IGNITION  INTERLOCK  DEVICE SHALL APPLY TO EVERY VESSEL OPERATED BY THAT
 PERSON INCLUDING, BUT NOT LIMITED TO, VESSELS THAT ARE LEASED, RENTED OR
 LOANED.
   (B) NO PERSON SHALL KNOWINGLY RENT, LEASE,  OR  LEND  A  VESSEL  TO  A
 PERSON  KNOWN  TO  HAVE  HAD  HIS  OR  HER PRIVILEGE TO OPERATE A VESSEL
 RESTRICTED TO VESSELS EQUIPPED WITH AN IGNITION INTERLOCK DEVICE  UNLESS
 THE  VESSEL  IS  SO  EQUIPPED.  ANY  PERSON WHOSE PRIVILEGE TO OPERATE A
 VESSEL IS SO RESTRICTED SHALL NOTIFY ANY OTHER PERSON WHO RENTS, LEASES,
 OR LOANS A VESSEL TO HIM OR HER OF SUCH OPERATING RESTRICTION.
   (C) ANY VIOLATION OF PARAGRAPH (A) OR (B) OF THIS SUBDIVISION SHALL BE
 A MISDEMEANOR.
   8. EMPLOYER VESSEL. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION  ONE
 AND  PARAGRAPH  (D)  OF SUBDIVISION NINE OF THIS SECTION, IF A PERSON IS
 REQUIRED TO OPERATE A VESSEL OWNED BY  SAID  PERSON'S  EMPLOYER  IN  THE
 COURSE  AND  SCOPE OF HIS OR HER EMPLOYMENT, THE PERSON MAY OPERATE THAT
 VESSEL WITHOUT INSTALLATION OF AN  APPROVED  IGNITION  INTERLOCK  DEVICE
 A. 29                              37
 
 ONLY IN THE COURSE AND SCOPE OF SUCH EMPLOYMENT AND ONLY IF THE EMPLOYER
 HAS  BEEN  NOTIFIED  THAT THE PERSON'S PRIVILEGE TO OPERATE A VESSEL HAS
 BEEN RESTRICTED UNDER THE PROVISIONS OF THIS ARTICLE OR  THE  PENAL  LAW
 AND  THE  PERSON  WHOSE  PRIVILEGE  TO  OPERATE  A  VESSEL  HAS  BEEN SO
 RESTRICTED HAS PROVIDED THE COURT AND PROBATION DEPARTMENT WITH  WRITTEN
 DOCUMENTATION  INDICATING  THE EMPLOYER HAS KNOWLEDGE OF THE RESTRICTION
 IMPOSED AND HAS GRANTED PERMISSION FOR THE PERSON TO OPERATE THE EMPLOY-
 ER'S VESSEL WITHOUT THE DEVICE ONLY FOR BUSINESS  PURPOSES.  THE  PERSON
 SHALL NOTIFY THE COURT AND THE PROBATION DEPARTMENT OF HIS OR HER INTEN-
 TION  TO  SO OPERATE THE EMPLOYER'S VESSEL. A VESSEL OWNED BY A BUSINESS
 ENTITY WHEN SUCH BUSINESS ENTITY IS ALL OR PARTLY OWNED OR CONTROLLED BY
 A PERSON OTHERWISE SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE  OR  THE
 PENAL  LAW  IS  NOT  A  VESSEL OWNED BY THE EMPLOYER FOR PURPOSES OF THE
 EXEMPTION PROVIDED IN THIS SUBDIVISION. THE PROVISIONS OF THIS  SUBDIVI-
 SION  SHALL  APPLY  ONLY TO THE OPERATION OF SUCH VESSEL IN THE SCOPE OF
 SUCH EMPLOYMENT.
   9. CIRCUMVENTION OF INTERLOCK DEVICE. (A) NO PERSON WHOSE PRIVILEGE TO
 OPERATE A VESSEL IS RESTRICTED PURSUANT TO THIS ARTICLE  SHALL  REQUEST,
 SOLICIT  OR  ALLOW  ANY  OTHER PERSON TO BLOW INTO AN IGNITION INTERLOCK
 DEVICE, OR TO START A VESSEL EQUIPPED WITH THE DEVICE, FOR  THE  PURPOSE
 OF PROVIDING THE PERSON SO RESTRICTED WITH AN OPERABLE VESSEL.
   (B)  NO PERSON SHALL BLOW INTO AN IGNITION INTERLOCK DEVICE OR START A
 VESSEL EQUIPPED WITH THE DEVICE FOR THE PURPOSE OF PROVIDING AN OPERABLE
 VESSEL TO A PERSON WHOSE PRIVILEGE TO OPERATE A VESSEL IS SO RESTRICTED.
   (C) NO PERSON SHALL TAMPER WITH OR CIRCUMVENT  AN  OTHERWISE  OPERABLE
 IGNITION INTERLOCK DEVICE.
   (D)  NO  PERSON  SUBJECT  TO A COURT ORDERED IGNITION INTERLOCK DEVICE
 SHALL OPERATE A VESSEL WITHOUT SUCH DEVICE.
   (E) IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY  PERSON  CONVICTED
 OF  A  VIOLATION  OF PARAGRAPH (A), (B), (C), OR (D) OF THIS SUBDIVISION
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   10. WARNING LABEL. THE DEPARTMENT OF HEALTH  SHALL  DESIGN  A  WARNING
 LABEL  WHICH  THE  MANUFACTURER  SHALL  AFFIX TO EACH IGNITION INTERLOCK
 DEVICE UPON INSTALLATION IN THE STATE. THE LABEL SHALL CONTAIN A WARNING
 THAT ANY PERSON TAMPERING,  CIRCUMVENTING,  OR  OTHERWISE  MISUSING  THE
 DEVICE IS GUILTY OF A MISDEMEANOR AND MAY BE SUBJECT TO CIVIL LIABILITY.
   §  79-M.  SPECIAL  PROCEDURES  AND  DISPOSITION  INVOLVING ALCOHOL AND
 SUBSTANCE ABUSE ASSESSMENT AND TREATMENT. 1. DEFINITIONS.  FOR  PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ALCOHOL  AND  SUBSTANCE  ABUSE  PROFESSIONAL" SHALL MEAN PERSONS
 CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
 PROVIDE ALCOHOL AND SUBSTANCE ABUSE  SERVICES  PURSUANT  TO  THE  MENTAL
 HYGIENE LAW AND PERSONS LICENSED BY THE STATE EDUCATION DEPARTMENT IN AN
 APPROPRIATE  HEALTH  FIELD,  INCLUDING  LICENSED CLINICAL SOCIAL WORKER,
 LICENSED MASTER SOCIAL WORKER, LICENSED MENTAL HEALTH  COUNSELOR,  NURSE
 PRACTITIONER,  PHYSICIAN,  PHYSICIAN'S ASSISTANT, PSYCHIATRIST, PSYCHOL-
 OGIST, AND REGISTERED NURSE.
   (B) "LICENSED AGENCY" SHALL MEAN AN AGENCY LICENSED BY THE  OFFICE  OF
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO PROVIDE ALCOHOL AND SUBSTANCE
 ABUSE SERVICES PURSUANT TO THE MENTAL HYGIENE LAW.
   2.  PROCEDURE.  (A)  MANDATORY  SCREENING;  WHEN  AUTHORIZED. UPON THE
 ARRAIGNMENT OF, OR AT THE DISCRETION OF THE COURT, PRIOR TO THE SENTENC-
 ING OF ANY PERSON WHO (I) AT ARRAIGNMENT IS CHARGED  WITH  OR  PRIOR  TO
 SENTENCING  CONVICTED  OF  A  FIRST  VIOLATION  OF OPERATING A VESSEL IN
 VIOLATION OF SUBDIVISION TWO, THREE OR FIVE OR PARAGRAPH (B) OF SUBDIVI-
 SION FOUR OF SECTION SEVENTY-NINE-D OF THIS ARTICLE  WHILE  SUCH  PERSON
 A. 29                              38
 
 HAS LESS THAN .15 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
 SEVENTY-NINE-G  OF  THIS  ARTICLE, OR IN VIOLATION OF SUBDIVISION SIX OF
 SECTION SEVENTY-NINE-D OF THIS ARTICLE, OR (II) HAS REFUSED TO SUBMIT TO
 A CHEMICAL TEST PURSUANT TO SECTION SEVENTY-NINE-G OF THIS ARTICLE,  THE
 COURT  SHALL  ORDER  SUCH  PERSON  TO SUBMIT TO SCREENING FOR ALCOHOL OR
 SUBSTANCE ABUSE AND DEPENDENCY USING A  STANDARDIZED  WRITTEN  SCREENING
 INSTRUMENT  DEVELOPED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
 SERVICES, TO BE ADMINISTERED BY AN ALCOHOL OR  SUBSTANCE  ABUSE  PROFES-
 SIONAL.
   (B)  MANDATORY  ASSESSMENT;  WHEN  AUTHORIZED. THE COURT SHALL ORDER A
 DEFENDANT TO UNDERGO A FORMAL ALCOHOL OR SUBSTANCE ABUSE AND  DEPENDENCY
 ASSESSMENT  BY  AN ALCOHOL OR SUBSTANCE ABUSE PROFESSIONAL OR A LICENSED
 AGENCY: (I) WHEN THE SCREENING REQUIRED BY PARAGRAPH (A) OF THIS  SUBDI-
 VISION  INDICATES  THAT A DEFENDANT IS ABUSING OR DEPENDENT UPON ALCOHOL
 OR DRUGS; (II) FOLLOWING THE ARRAIGNMENT OF ANY PERSON CHARGED WITH  OR,
 AT  THE  DISCRETION  OF THE COURT, PRIOR TO THE SENTENCING OF ANY PERSON
 CONVICTED OF A VIOLATION OF SUBDIVISION TWO, THREE, FIVE, SIX  OR  SEVEN
 OF SECTION SEVENTY-NINE-D OF THIS ARTICLE AFTER HAVING BEEN CONVICTED OF
 A VIOLATION OF ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE
 OR  OF  VEHICULAR  ASSAULT  IN  THE  SECOND OR FIRST DEGREE, AS DEFINED,
 RESPECTIVELY, IN SECTIONS 120.03 AND 120.04  OF  THE  PENAL  LAW  OR  OF
 AGGRAVATED VEHICULAR ASSAULT, AS DEFINED IN SECTION 120.04-A OF SUCH LAW
 OR  OF VEHICULAR MANSLAUGHTER IN THE SECOND OR FIRST DEGREE, AS DEFINED,
 RESPECTIVELY, IN SECTIONS 125.12 AND 125.13 OF SUCH LAW OR OF AGGRAVATED
 VEHICULAR HOMICIDE, AS DEFINED IN SECTION 125.14 OF SUCH LAW WITHIN  THE
 PRECEDING  FIVE  YEARS  OR AFTER HAVING BEEN CONVICTED OF A VIOLATION OF
 ANY SUBDIVISION OF SECTION SEVENTY-NINE-D OF THIS ARTICLE OR OF  VEHICU-
 LAR  ASSAULT IN THE SECOND OR FIRST DEGREE, AS DEFINED, RESPECTIVELY, IN
 SECTIONS 120.03 AND 120.04 OF THE PENAL LAW OR OF  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 OF THE PENAL LAW OR OF AGGRAVATED VEHICULAR
 HOMICIDE, AS DEFINED IN SECTION 125.14 OF SUCH LAW, TWO  OR  MORE  TIMES
 WITHIN  THE  PRECEDING  TEN YEARS; OR (III) FOLLOWING THE ARRAIGNMENT OF
 ANY PERSON CHARGED WITH OR, AT THE DISCRETION OF THE COURT, PRIOR TO THE
 SENTENCING OF ANY PERSON CONVICTED OF OPERATING A VESSEL IN VIOLATION OF
 SUBDIVISION THREE OR FIVE  OR  PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF
 SECTION  SEVENTY-NINE-D OF THIS ARTICLE WHILE SUCH PERSON HAS .15 OF ONE
 PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD  AS  SHOWN
 BY  A  CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA
 MADE PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-NINE-G OF THIS  ARTI-
 CLE  OR  IN  VIOLATION  OF  PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION
 SEVENTY-NINE-D OF THIS ARTICLE.
   (C) MANDATORY ASSESSMENT; PROCEDURE. THE ASSESSMENT ORDERED BY A COURT
 PURSUANT TO THIS SECTION SHALL BE PERFORMED BY AN ALCOHOL  OR  SUBSTANCE
 ABUSE PROFESSIONAL OR A LICENSED AGENCY WHICH SHALL FORWARD THE RESULTS,
 IN  WRITING,  TO  THE  COURT  AND TO THE DEFENDANT OR HIS OR HER COUNSEL
 WITHIN THIRTY DAYS OF THE DATE OF SUCH ORDER.
   3. AUTHORIZED DISPOSITION. WHEN A SENTENCE OF PROBATION  OR  A  CONDI-
 TIONAL  DISCHARGE  IS  IMPOSED  UPON  A  PERSON WHO HAS BEEN REQUIRED TO
 UNDERGO AN ALCOHOL OR SUBSTANCE ABUSE AND DEPENDENCY ASSESSMENT PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION AND WHERE SUCH  ASSESSMENT  INDICATES
 THAT  SUCH PERSON IS IN NEED OF TREATMENT FOR ALCOHOL OR SUBSTANCE ABUSE
 OR DEPENDENCY, THE COURT SHALL REQUIRE, AS A CONDITION OF SUCH SENTENCE,
 A. 29                              39
 
 THAT SUCH PERSON PARTICIPATE IN AND SUCCESSFULLY  COMPLETE  SUCH  TREAT-
 MENT.  SUCH TREATMENT SHALL BE PROVIDED BY AN ALCOHOL OR SUBSTANCE ABUSE
 PROFESSIONAL OR A LICENSED AGENCY.
   4.  ANY  CASE  WHEREIN  A  COURT  HAS  ACCEPTED A PLEA PURSUANT TO THE
 PROVISIONS OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THIRTEEN
 OF SECTION SEVENTY-NINE-D OF THIS ARTICLE AND SUCH PLEA  INCLUDES  AS  A
 CONDITION THEREOF THAT THE DEFENDANT ATTEND AND COMPLETE THE ALCOHOL AND
 DRUG  REHABILITATION  PROGRAM  ESTABLISHED  PURSUANT TO SECTION SEVENTY-
 NINE-J OF THIS ARTICLE, INCLUDING ANY ASSESSMENT AND TREATMENT  REQUIRED
 THEREBY, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE PROVISIONS OF THIS
 SECTION.
   5. THE CHIEF ADMINISTRATOR OF THE OFFICE OF COURT ADMINISTRATION SHALL
 MAKE AVAILABLE TO ALL COURTS IN THIS STATE WITH JURISDICTION IN CRIMINAL
 CASES  A  LIST OF ALCOHOL AND SUBSTANCE ABUSE PROFESSIONALS AND LICENSED
 AGENCIES AS PROVIDED BY THE OFFICE OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
 SERVICES  PURSUANT  TO  SUBDIVISION  (G)  OF SECTION 19.07 OF THE MENTAL
 HYGIENE LAW.
   6. CONFIDENTIALITY OF RECORDS. (A) THE  RECORDS  AND  CONTENT  OF  ALL
 SCREENINGS,   ASSESSMENTS  AND  TREATMENT  CONDUCTED  PURSUANT  TO  THIS
 SECTION, INCLUDING THE IDENTITY, DIAGNOSIS AND PROGNOSIS OF  EACH  INDI-
 VIDUAL  WHO IS THE SUBJECT OF SUCH RECORDS, AND INCLUDING ANY STATEMENTS
 OR ADMISSIONS OF SUCH INDIVIDUAL MADE DURING THE COURSE OF SUCH  SCREEN-
 INGS,  ASSESSMENTS  AND  TREATMENT,  SHALL BE CONFIDENTIAL, SHALL NOT BE
 DISCLOSED EXCEPT AS AUTHORIZED BY THIS SUBDIVISION,  AND  SHALL  NOT  BE
 ENTERED OR RECEIVED AS EVIDENCE AT ANY CIVIL, CRIMINAL OR ADMINISTRATIVE
 TRIAL,  HEARING OR PROCEEDING. NO PERSON, OTHER THAN A DEFENDANT TO WHOM
 SUCH RECORDS ARE DISCLOSED, MAY REDISCLOSE SUCH RECORDS.
   (B) CONSISTENT WITH SECTION 290 DD-2 OF TITLE 42 OF THE UNITED  STATES
 CODE,  AS  SUCH LAW MAY, FROM TIME TO TIME, BE AMENDED, SUCH RECORDS AND
 CONTENT MAY ONLY BE DISCLOSED AS FOLLOWS:
   (I) TO A COURT FOR THE SOLE PURPOSE OF REQUIRING A  DEFENDANT  CHARGED
 WITH  OR CONVICTED OF A VIOLATION OF SUBDIVISION TWO, THREE, FOUR, FIVE,
 SIX, OR SEVEN OF SECTION SEVENTY-NINE-D OF THIS ARTICLE TO UNDERGO ALCO-
 HOL OR SUBSTANCE ABUSE OR DEPENDENCY ASSESSMENT OR TREATMENT;
   (II) TO THE DEFENDANT OR HIS OR HER AUTHORIZED REPRESENTATIVE; AND
   (III) TO MEDICAL PERSONNEL TO THE EXTENT NECESSARY TO MEET A BONA FIDE
 MEDICAL EMERGENCY.
   7. EFFECT OF COMPLETION OF TREATMENT. EXCEPT AS PROVIDED  IN  SUBPARA-
 GRAPH  (IX)  OF  PARAGRAPH  (B) OF SUBDIVISION THREE OF SECTION SEVENTY-
 NINE-F OR IN SUBPARAGRAPH THREE OF PARAGRAPH (D) OF SUBDIVISION  TWO  OF
 SECTION  SEVENTY-NINE-G  OF  THIS ARTICLE, UPON SUCCESSFUL COMPLETION OF
 TREATMENT ORDERED PURSUANT TO THIS SECTION AS CERTIFIED BY  THE  ALCOHOL
 OR  SUBSTANCE  ABUSE PROFESSIONAL OR LICENSED AGENCY WHICH PROVIDED SUCH
 TREATMENT, THE DEFENDANT  MAY  APPLY  TO  THE  COMMISSIONER  ON  A  FORM
 PROVIDED  FOR  THAT  PURPOSE,  FOR  THE TERMINATION OF THE SUSPENSION OR
 REVOCATION ORDER ISSUED AS A RESULT OF THE  DEFENDANT'S  CONVICTION.  IN
 THE  EXERCISE  OF DISCRETION, UPON RECEIPT OF SUCH APPLICATION, AND UPON
 PAYMENT OF ANY CIVIL PENALTIES FOR WHICH THE DEFENDANT  MAY  BE  LIABLE,
 THE  COMMISSIONER  IS  AUTHORIZED  TO TERMINATE SUCH ORDER OR ORDERS AND
 RETURN THE DEFENDANT'S PRIVILEGE TO OPERATE  A  VESSEL  IN  THIS  STATE.
 HOWEVER, THE COMMISSIONER SHALL NOT ISSUE ANY NEW PRIVILEGE TO OPERATE A
 VESSEL NOR RESTORE ANY SUCH PRIVILEGE WHERE SAID ISSUANCE OR RESTORATION
 IS  PROHIBITED  BY  SUBDIVISION  THREE OF SECTION SEVENTY-NINE-F OF THIS
 ARTICLE.
   § 79-N. DRIVER AND BOATER RESPONSIBILITY ASSESSMENT. THE  COMMISSIONER
 SHALL  WORK WITH THE COMMISSIONER OF MOTOR VEHICLES TO PROVIDE ACCESS TO
 A. 29                              40
 
 THE DRIVER AND BOATER RESPONSIBILITY ASSESSMENT AS PROVIDED  IN  SECTION
 ELEVEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW.
   §  2. Section 1196 of the vehicle and traffic law is amended by adding
 a new subdivision 8 to read as follows:
   8. APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL ALSO BE  APPLI-
 CABLE TO ANY PERSON CONVICTED OF ANY VIOLATION OF SECTION SEVENTY-NINE-D
 OF  THE  NAVIGATION  LAW, OR ANY PERSON FOUND TO HAVE REFUSED A CHEMICAL
 TEST IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE NAVIGATION LAW.
   § 3. Section 1197 of the vehicle and traffic law is amended by  adding
 a new subdivision 11 to read as follows:
   11. APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL ALSO BE APPLI-
 CABLE TO PERTINENT PROVISIONS OF ARTICLE FOUR-B OF THE NAVIGATION LAW.
   §  4. Section 1199 of the vehicle and traffic law, as added by section
 1 of part E of chapter 59 of the laws of 2004, is  amended  to  read  as
 follows:
   § 1199. Driver AND BOATER responsibility assessment. 1. In addition to
 any  fines, fees, penalties and surcharges authorized by law, any person
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two  of  this article OR SECTION SEVENTY-NINE-D OF THE NAVIGATION
 LAW, or any person found to have refused a chemical test  in  accordance
 with  section  eleven  hundred  ninety-four  of  this article OR SECTION
 SEVENTY-NINE-G OF THE NAVIGATION LAW not arising out of the  same  inci-
 dent as a conviction for a violation of any of the provisions of section
 eleven  hundred  ninety-two of this article OR SECTION SEVENTY-NINE-D OF
 THE NAVIGATION LAW, shall become liable to the department for payment of
 a driver AND  BOATER  responsibility  assessment  as  provided  in  this
 section.
   2. The amount of the driver AND BOATER responsibility assessment under
 this  section  shall  be two hundred fifty dollars per year for a three-
 year period.
   3. Upon receipt of evidence that a person is liable for the driver AND
 BOATER responsibility assessment required by this section,  the  commis-
 sioner  shall  notify  such person by first class mail to the address of
 such person on file with  the  department  or  at  the  current  address
 provided  by  the  United  States  postal  service of the amount of such
 assessment, the time and manner of making required  payments,  and  that
 failure  to  make  payment  shall result in the suspension of his or her
 driver's license or privilege of obtaining a driver's license OR  PRIVI-
 LEGE TO OPERATE A VESSEL.
   4.  If a person shall fail to pay any driver AND BOATER responsibility
 assessment as provided in this section, the commissioner  shall  suspend
 such  person's  driver's  license or privilege of obtaining a license OR
 PRIVILEGE TO OPERATE A VESSEL. Such suspension shall  remain  in  effect
 until  any  and all outstanding driver AND BOATER responsibility assess-
 ments have been paid in full.
   5. The provisions of this section shall  also  be  applicable  to  any
 person  convicted  of  any  violation  of [section forty-nine-a] ARTICLE
 FOUR-B of the navigation law, any person convicted  of  a  violation  of
 section 25.24 of the parks, recreation and historic preservation law, or
 any  person found to have refused a chemical test in accordance with the
 applicable provisions of either the navigation law or the parks,  recre-
 ation and historic preservation law not arising out of the same incident
 as such conviction.
   § 5. Subdivision 5 of section 710.20 of the criminal procedure law, as
 amended  by  chapter  629  of  the  laws  of 1998, is amended to read as
 follows:
 A. 29                              41
 
   5. Consists of a chemical test of the defendant's  blood  administered
 in  violation  of  the provisions of subdivision three of section eleven
 hundred ninety-four of the vehicle and traffic law, subdivision  [eight]
 THREE  of  section  [forty-nine-a] SEVENTY-NINE-G of the navigation law,
 subdivision seven of section 25.24 of the parks, recreation and historic
 preservation law, or any other applicable law; or
   §  6.  Subdivision  4 of section 49 of the navigation law, as added by
 chapter 805 of the laws of 1992, is amended to read as follows:
   4. Whenever any police officer or peace officer authorized to  enforce
 the provisions of this chapter having reasonable cause to believe that a
 person  is  operating  a  vessel  in violation of section [forty-nine-a]
 SEVENTY-NINE-D of this [article] CHAPTER, or any other provision of this
 article OR ARTICLE FOUR-B OF THIS CHAPTER for which a suspension may  be
 imposed, such officer may demand of such person his or her name, address
 and an explanation of his or her conduct.
   §  7.  Subdivision 1 of section 120.03 of the penal law, as amended by
 chapter 732 of the laws of 2006, is amended to read as follows:
   (1) operates a motor vehicle in violation of subdivision  two,  three,
 four  or  four-a of section eleven hundred ninety-two of the vehicle and
 traffic law or operates a vessel or public vessel in violation of [para-
 graph (b), (c), (d) or (e) of] subdivision [two] THREE,  FIVE,  SIX,  OR
 SEVEN  of  section  [forty-nine-a] SEVENTY-NINE-D of the navigation law,
 and as a result of such intoxication or impairment by the use of a drug,
 or by the combined influence of drugs or of  alcohol  and  any  drug  or
 drugs,  operates such motor vehicle, vessel or public vessel in a manner
 that causes such serious physical injury to such other person, or
   § 8. Subdivision 1 of section 125.12 of the penal law, as  amended  by
 chapter 732 of the laws of 2006, is amended to read as follows:
   (1)  operates  a motor vehicle in violation of subdivision two, three,
 four or four-a of section eleven hundred ninety-two of the  vehicle  and
 traffic law or operates a vessel or public vessel in violation of [para-
 graph  (b),  (c),  (d) or (e) of] subdivision [two] THREE, FIVE, SIX, OR
 SEVEN of section [forty-nine-a] SEVENTY-NINE-D of  the  navigation  law,
 and as a result of such intoxication or impairment by the use of a drug,
 or  by  the  combined  influence  of drugs or of alcohol and any drug or
 drugs, operates such motor vehicle, vessel or public vessel in a  manner
 that causes the death of such other person, or
   § 9. Subdivision 5 of section 160.55 of the criminal procedure law, as
 amended  by  chapter  391  of  the  laws  of 1998, is amended to read as
 follows:
   5. (a) When a criminal action or proceeding is  terminated  against  a
 person  by  the entry of a waiver of a hearing pursuant to paragraph (c)
 of subdivision ten of section eleven hundred ninety-two of  the  vehicle
 and  traffic  law  or  PARAGRAPH  (C) OF SUBDIVISION THIRTEEN OF section
 [forty-nine-b] SEVENTY-NINE-D of the navigation law, the record  of  the
 criminal  action  shall  be  sealed in accordance with this subdivision.
 Upon the entry of such waiver, the court or the clerk of the court shall
 immediately notify the commissioner of the division of criminal  justice
 services  and  the heads of all appropriate police departments and other
 law enforcement agencies that a waiver has been  entered  and  that  the
 record  of the action shall be sealed when the person reaches the age of
 twenty-one or three years from the date of commission  of  the  offense,
 whichever is the greater period of time. At the expiration of such peri-
 od,  the  commissioner  of the division of criminal justice services and
 the heads of all appropriate police departments and other  law  enforce-
 A. 29                              42
 
 ment agencies shall take the actions required by paragraphs (a), (b) and
 (c) of subdivision one of section 160.50 of this article.
   (b)  Where  a  person  under  the age of twenty-one is referred by the
 police to the department  of  motor  vehicles  for  action  pursuant  to
 section  eleven  hundred ninety-two-a or eleven hundred ninety-four-a of
 the vehicle and traffic law, or section [forty-nine-b] SEVENTY-NINE-E OR
 SEVENTY-NINE-H of the navigation law and  a  finding  in  favor  of  the
 motorist  or operator is rendered, the commissioner of the department of
 motor vehicles shall, as soon as practicable, but not later  than  three
 years  from  the  date  of commission of the offense or when such person
 reaches the age of twenty-one, whichever is the greater period of  time,
 notify the commissioner of the division of criminal justice services and
 the  heads  of all appropriate police departments and other law enforce-
 ment agencies that such finding in favor of the motorist or operator was
 rendered. Upon receipt of such notification,  the  commissioner  of  the
 division  of  criminal  justice  services  and  the heads of such police
 departments and other law enforcement agencies shall  take  the  actions
 required  by  paragraphs  (a), (b) and (c) of subdivision one of section
 160.50 of this article.
   (c) Where a person under the age of  twenty-one  is  referred  by  the
 police  to  the  department  of  motor  vehicles  for action pursuant to
 section eleven hundred ninety-two-a or eleven hundred  ninety-four-a  of
 the vehicle and traffic law, or section [forty-nine-b] SEVENTY-NINE-E OR
 SEVENTY-NINE-H of the navigation law, and no notification is received by
 the  commissioner  of  the division of criminal justice services and the
 heads of all appropriate police departments and  other  law  enforcement
 agencies pursuant to paragraph (b) of this subdivision, such commission-
 er of the division of criminal justice services and such heads of police
 departments  and other law enforcement agencies shall, after three years
 from the date of commission of the offense or when  the  person  reaches
 the age of twenty-one, whichever is the greater period of time, take the
 actions  required  by  paragraphs (a), (b) and (c) of subdivision one of
 section 160.50 of this article.
   § 10. Paragraph (k) of subdivision 1 of section 201 of the vehicle and
 traffic law, as amended by chapter 391 of the laws of 1998,  is  amended
 to read as follows:
   (k) any records, including any reproductions or electronically created
 images of such records and including any records received by the commis-
 sioner  from  a  court  pursuant  to paragraph (c) of subdivision ten of
 section eleven hundred ninety-two of this chapter or  PARAGRAPH  (C)  OF
 PARAGRAPH THIRTEEN OF section [forty-nine-b] SEVENTY-NINE-D of the navi-
 gation  law,  relating  to  a  finding  of a violation of section eleven
 hundred ninety-two-a of this chapter or a waiver of the right to a hear-
 ing under section eleven hundred ninety-four-a  of  this  chapter  or  a
 finding  of a refusal following a hearing conducted pursuant to subdivi-
 sion three of section eleven hundred ninety-four-a of this chapter or  a
 finding  of  a  violation  of SUBDIVISION FOUR OF section [forty-nine-b]
 SEVENTY-NINE-G of the navigation law or a waiver of the right to a hear-
 ing or a finding of refusal following a hearing  conducted  pursuant  to
 such section, after remaining on file for three years after such finding
 or  entry of such waiver or refusal or until the person that is found to
 have violated such section reaches the age of twenty-one,  whichever  is
 the  greater  period  of  time.  Upon  the  expiration of the period for
 destruction of records pursuant to this paragraph, the entirety  of  the
 proceedings  concerning  the  violation  or  alleged  violation  of such
 section eleven hundred ninety-two-a of  this  chapter  or  such  section
 A. 29                              43
 
 [forty-nine-b]  SEVENTY-NINE-E  of  the navigation law, from the initial
 stop and detention of the operator to the  entering  of  a  finding  and
 imposition  of  sanctions  pursuant to any subdivision of section eleven
 hundred  ninety-four-a  of  this  chapter  or  of section [forty-nine-b]
 SEVENTY-NINE-H of the navigation law shall be deemed a nullity, and  the
 operator shall be restored, in contemplation of law, to the status he OR
 SHE occupied before the initial stop and prosecution.
   §  11.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.