OPINION OF THE COURT Wachtler, J. The question on this appeal is whether subdivision 1 of section 1192 of the Vehicle and Traffic Law, which prohibits driving while the ability to operate a motor vehicle "is impaired by the consumption of alcohol”, and subdivision 3, which prohibits driving "while * * * in an intoxicated condition”, are unconstitutionally vague in a case where the driver has refused to submi…
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