Section 120.04-A. Aggravated vehicular assault

A  person  is  guilty  of  aggravated vehicular assault when he or she
  engages in reckless driving as defined by section twelve hundred  twelve
  of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
  assault in the second degree  as  defined  in  section  120.03  of  this
  article, and either:
    (1)  commits  such  crimes  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 crimes 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 this 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.
    Aggravated vehicular assault is a class C felony.