N.Y. Penal Law Section 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 Vehicle & Traffic Law § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)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 70 (Sentences of Imprisonment)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.

Source: Section 60.21 — Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated, https://www.­nysenate.­gov/legislation/laws/PEN/60.­21 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 60.21. Authorized dispositions's source at nysenate​.gov

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