N.Y. Laws » CHAPTER Penal / PART Sentences / TITLE Sentences / ARTICLE Authorized Dispositions of Offenders
New York Consolidated Laws

N.Y. Penal Law § 60.21 (2026)

Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated

✓ current as of May 2026
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§ 60.21 Authorized dispositions; driving while intoxicated or aggravated
            driving while intoxicated.
  Notwithstanding paragraph (d) of subdivision two of section 60.01 of
this article, when a person is to be sentenced upon a conviction for a
violation of subdivision two, two-a or three of section eleven hundred
ninety-two of the vehicle and traffic law, the court may sentence such
person to a period of imprisonment authorized by article seventy of this
title and shall sentence such person to a period of probation or
conditional discharge in accordance with the provisions of section 65.00
of this title and shall order the installation and maintenance of a
functioning ignition interlock device. Such period of probation or
conditional discharge shall run consecutively to any period of
imprisonment and shall commence immediately upon such person's release
from imprisonment.
Notes of Decisions
Cited in 56 cases (6 in the last 5 years), 2012–2026 · leading case: People v. Brainard, 111 A.D.3d 1162 (N.Y. App. Div. 2013).
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People v. Brainard, 111 A.D.3d 1162 (N.Y. App. Div. 2013). · cites it 3× “The court also imposed a term of five years of probation with ignition interlock conditions to run consecutively to the sentence of imprisonment, pursuant to Vehicle and Traffic Law § 1193 (1) (b) (ii) and Penal Law § 60.21. Defendant appealed. *1163 While this appeal was…”
People v. Giacona, 130 A.D.3d 1565 (N.Y. App. Div. 2015). · cites it 2× “Turning to the merits, defendant contends, and the People further correctly concede, that the imposition of a five-year term of probation with an ignition interlock device with respect to the vehicular assault counts is illegal pursuant to Penal Law § 60.21 (see People v Flagg,…”
People v. Coon, 2017 NY Slip Op 8216 (N.Y. App. Div. 2017). · cites it 3× “Moreover, if a term of imprisonment is imposed, the period of probation or conditional discharge must run consecutively to the sentence imposed (see Penal Law § 60.21). This component of directing that the probationary or conditional discharge term run consecutively is permitted…”
People v. Scholz, 125 A.D.3d 1492 (N.Y. App. Div. 2015). “Penal Law § 60.21 provides that, when a person is to be sentenced for driving while intoxicated, “the court may sentence such person to a period of imprisonment authorized by article seventy of this title and shall sentence such person to a period of probation or conditional…”
People v. Thurston, 2022 NY Slip Op 05443 (N.Y. App. Div. 2022). “On the count of aggravated vehicular homicide, defendant was sentenced to an indeterminate term of imprisonment of 5 to 15 years with a consecutive 3-year term of conditional discharge with the requirement that defendant install an ignition interlock device on any vehicle…”
People v. Boldt, 2020 NY Slip Op 4284 (N.Y. App. Div. 2020). · cites it 2× “01 (2) (d)], when a person is to be sentenced upon a conviction for a violation of [Vehicle and Traffic Law § 1192 (2), (2-a) or (3)], the court may sentence such person to a period of imprisonment authorized by article seventy of this title and shall sentence such person to a…”
People v. Brown, 40 Misc. 3d 821 (N.Y. Sup. Ct. 2013). · cites it 8× “Defendant has moved this court to dismiss his violation of probation, which he was sentenced to pursuant to Vehicle and Traffic Law §§ 1193, 1198 and Penal Law § 60.21, on the grounds that those sections are unconstitutional for vagueness; that defendant cannot be placed on…”
Allen v. New York State Dep't of Motor Vehs., 45 Misc. 3d 475 (N.Y. Sup. Ct. 2014). · cites it 2× “00] and shall order the installation and maintenance of a functioning ignition interlock device’ (Penal Law § 60.21).” (People v Barkley, 113 AD3d 1002, 1002 [3d Dept 2014] [additional emphasis supplied].”
People v. Cyganik, 2017 NY Slip Op 7074 (N.Y. App. Div. 2017). “Nonetheless, even assuming, arguendo, that the conditional discharge, like the fine, was a direct consequence of the plea, thereby requiring the court to advise defendant of such at the time of the plea (see People v Panek, 104 AD3d 1201, 1202 [2013], lv denied 21 NY3d 1018…”
People v. Tung Nguyen, 2021 NY Slip Op 00724 (N.Y. App. Div. 2021). “Defendant contends that reversal of the judgment and vacatur of the plea are required because, before he pleaded guilty, Supreme Court failed to inform him that a fine would be imposed and failed to advise him that, following his indeterminate term of imprisonment, he would be…”
People v. Dexter, 104 A.D.3d 1184 (N.Y. App. Div. 2013). “Defendant failed to preserve for our review his further contention that the imposition of consecutive sentences of imprisonment and conditional discharge with an ignition interlock device are unconstitutional multiple punishments under Penal Law § 60.21 and Vehicle and Traffic…”
People v. Tagiev (Shamil), 70 Misc. 3d 47 (N.Y. App. Term. 2020). “However, if the court imposes the required conditional discharge under Vehicle and Traffic Law § 1193 (1) (b) (ii) not as an alternative to imprisonment but in addition to imprisonment under Vehicle and Traffic Law § 1193 {**70 Misc 3d at 54}(1) (b) (i), there is no requirement…”
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