Section 120.03. Vehicular assault in the second degree

A  person  is guilty of vehicular assault in the second degree when he
  or she causes serious physical injury to another person, and either:
    (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
  paragraph   (b),   (c),  (d)  or  (e)  of  subdivision  two  of  section
  forty-nine-a 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
    (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
  more  than  eighteen  thousand  pounds  which  contains  flammable  gas,
  radioactive  materials  or explosives in violation of subdivision one of
  section eleven hundred ninety-two of the vehicle and  traffic  law,  and
  such  flammable gas, radioactive materials or explosives is the cause of
  such serious physical injury, and as a result of such impairment by  the
  use of alcohol, operates such motor vehicle in a manner that causes such
  serious physical injury to such other person, or
    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
  subdivision  one  of section 25.24 of the parks, recreation and historic
  preservation law or operates  an  all  terrain  vehicle  as  defined  in
  paragraph   (a)   of  subdivision  one  of  section  twenty-two  hundred
  eighty-one  of  the  vehicle  and  traffic  law  and  in  violation   of
  subdivision  two,  three,  four,  or  four-a  of  section eleven hundred
  ninety-two of the vehicle and traffic 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
  snowmobile  or  all terrain vehicle in a manner that causes such serious
  physical injury to such other person.
    If it is established that the person  operating  such  motor  vehicle,
  vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
  serious physical injury while unlawfully intoxicated or impaired by  the
  use  of  alcohol or a drug, then there shall be a rebuttable presumption
  that, as a result of such intoxication  or  impairment  by  the  use  of
  alcohol  or  a drug, or by the combined influence of drugs or of alcohol
  and any drug or drugs, such person operated the motor  vehicle,  vessel,
  public vessel, snowmobile or all terrain vehicle in a manner that caused
  such serious physical injury, as required by this section.
    Vehicular assault in the second degree is a class E felony.