N.Y. Comp. Codes R. & Regs. tit. 15 § 134.3
Article 21 of the Vehicle and Traffic Law permits a judge who imposes sentence upon a conviction of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law to prohibit a defendant from enrolling in a rehabilitation program under article 21. It is recommended that the following procedures be followed:
If a judge wishes to prohibit the defendant from enrolling in a rehabilitation program, upon conviction the judge may impose any penalty provided by law and he should suspend or revoke the defendant's driver's license, whichever is appropriate, pick up such defendant's driver's license, and forward the driver's license and a certificate of conviction to the commissioner within 48 hours of conviction. A statement indicating that the judge is prohibiting the defendant from enrolling in a rehabilitation program must be prominently placed on the certificate of conviction or on an accompanying letter on court stationery.
If a judge does not wish to prohibit the defendant from enrolling in a rehabilitation program, upon conviction, it is recommended that the judge impose, in addition to any other sentence required or permitted by law, a sentence of conditional discharge or probation, the conditions of such discharge or probation being that the defendant enroll in and satisfactorily complete a rehabilitation program established pursuant to article 21 of the Vehicle and Traffic Law. The judge should suspend or revoke the defendant's driver's license as required by section 1193 of the Vehicle and Traffic Law. A certificate of conviction indicating the sentence of conditional discharge should be forwarded to the commissioner within 48 hours of conviction. All additional action in relation to enrollment in a rehabilitation program will be taken by the Department of Motor Vehicles.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.3