New York Laws
Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto
1196 - Alcohol and Drug Rehabilitation Program.

(b) The conditional license or privilege described in paragraph (a) of
this subdivision shall be in a form prescribed by the commissioner, and
shall have indicated thereon the conditions imposed by such paragraph.
(c) Upon receipt of a conditional license issued pursuant to this
section, any order issued by a judge, justice or magistrate pursuant to
paragraph (c) of subdivision two of section eleven hundred ninety-three
of this article shall be surrendered to the department.
(d) The commissioner shall require applicants for a conditional
license to pay a fee of seventy-five dollars for processing costs. Such
fees assessed under this subdivision shall be paid to the commissioner
for deposit to the general fund and shall be in addition to any fees
established by the commissioner pursuant to subdivision six of this
section to defray the costs of the alcohol and drug rehabilitation
program.
(e) The conditional license or privileges described in this
subdivision may be revoked by the commissioner, for sufficient cause
including, but not limited to, failure to register in the program,
failure to attend or satisfactorily participate in the sessions,
conviction of any traffic infraction other than one involving parking,
stopping or standing or conviction of any alcohol or drug-related
traffic offense, misdemeanor or felony. In addition, the commissioner
shall have the right, after a hearing, to revoke the conditional license
or privilege upon receiving notification or evidence that the offender
is not attempting in good faith to accept rehabilitation. In the event
of such revocation, the fee described in subdivision six of this section
shall not be refunded.
(f) It shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon a public highway
for any use other than those authorized pursuant to paragraph (a) of
this subdivision. When a person is convicted of this offense, the
sentence of the court must be a fine of not less than two hundred
dollars nor more than five hundred dollars or a term of imprisonment of
not more than fifteen days or both such fine and imprisonment.
Additionally, the conditional license or privileges described in this
subdivision shall be revoked by the commissioner upon receiving
notification from the court that the holder thereof has been convicted
of this offense.
(g) Notwithstanding anything to the contrary contained in a
certificate of relief from disabilities or a certificate of good conduct
issued pursuant to article twenty-three of the correction law, any
conditional license or privilege issued to a person convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article shall not be valid for the operation of any commercial
motor vehicle. In addition, no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in this
chapter.
(h) Notwithstanding any inconsistent provision of this chapter, the
conditional license described in this subdivision may, pursuant to
regulations established by the commissioner, be issued to a person whose
license has been suspended pending prosecution pursuant to subparagraph
seven of paragraph (e) of subdivision two of section eleven hundred
ninety-three of this article.