§ 1192. Operating a motor vehicle while under the influence of alcohol\nor drugs. 1. Driving while ability impaired. No person shall operate a\nmotor vehicle while the person's ability to operate such motor vehicle\nis impaired by the consumption of alcohol.\n 2. Driving while intoxicated; per se. No person shall operate a motor\nvehicle while such person has .08 of one per centum or more by weight of\nalcohol in the person's blood as shown by chemical analysis of such\nperson's blood, breath, urine or saliva, made pursuant to the provisions\nof section eleven hundred ninety-four of this article.\n 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall\noperate a motor vehicle while such person has .18 of one per centum or\nmore by weight of alcohol in such person's blood as shown by chemical\nanalysis of such person's blood, breath, urine or saliva made pursuant\nto the provisions of section eleven hundred ninety-four of this article.\n (b) With a child. No person shall operate a motor vehicle in violation\nof subdivision two, three, four or four-a of this section while a child\nwho is fifteen years of age or less is a passenger in such motor\nvehicle.\n 3. Driving while intoxicated. No person shall operate a motor vehicle\nwhile in an intoxicated condition.\n 4. Driving while ability impaired by drugs. No person shall operate a\nmotor vehicle while the person's ability to operate such a motor vehicle\nis impaired by the use of a drug as defined in this chapter.\n 4-a. Driving while ability impaired by the combined influence of drugs\nor of alcohol and any drug or drugs. No person shall operate a motor\nvehicle while the person's ability to operate such motor vehicle is\nimpaired by the combined influence of drugs or of alcohol and any drug\nor drugs.\n 5. Commercial motor vehicles: per se - level I. Notwithstanding the\nprovisions of section eleven hundred ninety-five of this article, no\nperson shall operate a commercial motor vehicle while such person has\n..04 of one per centum or more but not more than .06 of one per centum by\nweight of alcohol in the person's blood as shown by chemical analysis of\nsuch person's blood, breath, urine or saliva, made pursuant to the\nprovisions of section eleven hundred ninety-four of this article;\nprovided, however, nothing contained in this subdivision shall prohibit\nthe imposition of a charge of a violation of subdivision one of this\nsection, or of section eleven hundred ninety-two-a of this article where\na person under the age of twenty-one operates a commercial motor vehicle\nwhere a chemical analysis of such person's blood, breath, urine, or\nsaliva, made pursuant to the provisions of section eleven hundred\nninety-four of this article, indicates that such operator has .02 of one\nper centum or more but less than .04 of one per centum by weight of\nalcohol in such operator's blood.\n 6. Commercial motor vehicles; per se - level II. Notwithstanding the\nprovisions of section eleven hundred ninety-five of this article, no\nperson shall operate a commercial motor vehicle while such person has\nmore than .06 of one per centum but less than .08 of one per centum by\nweight of alcohol in the person's blood as shown by chemical analysis of\nsuch person's blood, breath, urine or saliva, made pursuant to the\nprovisions of section eleven hundred ninety-four of this article;\nprovided, however, nothing contained in this subdivision shall prohibit\nthe imposition of a charge of a violation of subdivision one of this\nsection.\n 7. Where applicable. The provisions of this section shall apply upon\npublic highways, private roads open to motor vehicle traffic and any\nother parking lot. For the purposes of this section "parking lot" shall\nmean any area or areas of private property, including a driveway, near\nor contiguous to and provided in connection with premises and used as a\nmeans of access to and egress from a public highway to such premises and\nhaving a cap
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