N.Y. PEN Law § 120.03

§ 120.03 Vehicular assault in the second degree.\n A person is guilty of vehicular assault in the second degree when he\nor she causes serious physical injury to another person, and either:\n (1) operates a motor vehicle in violation of subdivision two, three,\nfour or four-a of section eleven hundred ninety-two of the vehicle and\ntraffic law or operates a vessel or public vessel in violation of\nparagraph (b), (c), (d) or (e) of subdivision two of section\nforty-nine-a of the navigation law, and as a result of such intoxication\nor impairment by the use of a drug, or by the combined influence of\ndrugs or of alcohol and any drug or drugs, operates such motor vehicle,\nvessel or public vessel in a manner that causes such serious physical\ninjury to such other person, or\n (2) operates a motor vehicle with a gross vehicle weight rating of\nmore than eighteen thousand pounds which contains flammable gas,\nradioactive materials or explosives in violation of subdivision one of\nsection eleven hundred ninety-two of the vehicle and traffic law, and\nsuch flammable gas, radioactive materials or explosives is the cause of\nsuch serious physical injury, and as a result of such impairment by the\nuse of alcohol, operates such motor vehicle in a manner that causes such\nserious physical injury to such other person, or\n (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of\nsubdivision one of section 25.24 of the parks, recreation and historic\npreservation law or operates an all terrain vehicle as defined in\nparagraph (a) of subdivision one of section twenty-two hundred\neighty-one of the vehicle and traffic law and in violation of\nsubdivision two, three, four, or four-a of section eleven hundred\nninety-two of the vehicle and traffic law, and as a result of such\nintoxication or impairment by the use of a drug, or by the combined\ninfluence of drugs or of alcohol and any drug or drugs, operates such\nsnowmobile or all terrain vehicle in a manner that causes such serious\nphysical injury to such other person.\n If it is established that the person operating such motor vehicle,\nvessel, public vessel, snowmobile or all terrain vehicle caused such\nserious physical injury while unlawfully intoxicated or impaired by the\nuse of alcohol or a drug, then there shall be a rebuttable presumption\nthat, as a result of such intoxication or impairment by the use of\nalcohol or a drug, or by the combined influence of drugs or of alcohol\nand any drug or drugs, such person operated the motor vehicle, vessel,\npublic vessel, snowmobile or all terrain vehicle in a manner that caused\nsuch serious physical injury, as required by this section.\n Vehicular assault in the second degree is a class E felony.\n