Section 120.04. Vehicular assault in the first degree

A person is guilty of vehicular assault in the first degree when he or
  she  commits  the  crime  of  vehicular  assault in the second degree as
  defined in section 120.03 of this article, and either:
    (1) commits such crime while operating  a  motor  vehicle  while  such
  person  has  .18  of one per centum or more by weight of alcohol in such
  person's blood as shown by chemical analysis  of  such  person's  blood,
  breath,  urine  or  saliva  made  pursuant  to the provisions of section
  eleven hundred ninety-four of the vehicle and traffic law;
    (2) commits such crime while knowing or having reason  to  know  that:
  (a)  his  or  her  license  or his or her privilege of operating a motor
  vehicle in another state or his or her privilege of obtaining a  license
  to  operate a motor vehicle in another state is suspended or revoked and
  such suspension or revocation is based upon a conviction in  such  other
  state for an offense which would, if committed in this state, constitute
  a  violation  of  any  of  the  provisions  of  section  eleven  hundred
  ninety-two of the vehicle and traffic law; or (b) his or her license  or
  his or her privilege of operating a motor vehicle in the state or his or
  her privilege of obtaining a license issued by the commissioner of motor
  vehicles  is  suspended  or revoked and such suspension or revocation is
  based upon either a refusal to submit to a  chemical  test  pursuant  to
  section  eleven  hundred  ninety-four  of the vehicle and traffic law or
  following a conviction for a violation  of  any  of  the  provisions  of
  section eleven hundred ninety-two of the vehicle and traffic law;
    (3)  has  previously been convicted of violating any of the provisions
  of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
  within  the preceding ten years, provided that, for the purposes of this
  subdivision, a conviction in any other  state  or  jurisdiction  for  an
  offense  which, if committed in this state, would constitute a violation
  of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
  shall be treated as a violation of such law.
    (4) causes serious physical injury to more than one other person; or
    (5)  has  previously been convicted of violating any provision of this
  article or article one hundred twenty-five of this title  involving  the
  operation  of  a  motor  vehicle, or was convicted in any other state or
  jurisdiction of an offense involving the operation of  a  motor  vehicle
  which,  if committed in this state, would constitute a violation of this
  article or article one hundred twenty-five of this title.
    If it is established that the  person  operating  such  motor  vehicle
  caused  such  serious  physical  injury  or  injuries  while  unlawfully
  intoxicated or impaired by the use of alcohol  or  a  drug,  or  by  the
  combined  influence  of  drugs or of alcohol and any drug or drugs, 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 in a manner that caused such serious
  physical injury or injuries, as required by  this  section  and  section
  120.03 of this article.
    Vehicular assault in the first degree is a class D felony.