Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated · as in force on May 31, 2026
§ 60.21 Authorized dispositions; driving while intoxicated or aggravated
driving while intoxicated.
Notwithstanding paragraph (d) of subdivision two of section 60.01 of this article, when a person is to be sentenced upon a conviction for a violation of subdivision two, two-a or three of section eleven hundred ninety-two of the vehicle and traffic law, the court may sentence such person to a period of imprisonment authorized by article seventy of this title and shall sentence such person to a period of probation or conditional discharge in accordance with the provisions of section 65.00 of this title and shall order the installation and maintenance of a functioning ignition interlock device. Such period of probation or conditional discharge shall run consecutively to any period of imprisonment and shall commence immediately upon such person's release from imprisonment.
For a conviction under Vehicle and Traffic Law § 1192(2), (2-a), or (3), the court may impose authorized imprisonment and must also impose probation or conditional discharge under § 65.00 and order a functioning ignition-interlock device. ★ The probation or discharge runs after the imprisonment and begins immediately upon release.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.