New York Laws > Vehicle and Traffic > Alcohol And Drug-related Offenses And Procedures Applicable Thereto > Operating A Motor Vehicle After Having Consumed Alcohol; Under The Age Of Twenty-one; Per Se.


 
    § 1192-a. Operating  a  motor  vehicle  after having consumed alcohol;
  under the age of  twenty-one;  per  se.  No  person  under  the  age  of
  twenty-one  shall  operate a motor vehicle after having consumed alcohol
  as defined in this section. For purposes of this section, a person under
  the age of twenty-one is deemed to have consumed alcohol  only  if  such
  person  has  .02  of one per centum or more but not more than .07 of one
  per centum by weight of alcohol in  the  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 this
  article. Any person who operates a motor vehicle in  violation  of  this
  section,  and  who is not charged with a violation of any subdivision of
  section eleven hundred ninety-two of this article  arising  out  of  the
  same  incident  shall  be  referred  to  the  department  for  action in
  accordance with the provisions of section eleven  hundred  ninety-four-a
  of  this  article.  Except  as otherwise provided in subdivision five of
  section eleven hundred ninety-two of this article,  this  section  shall
  not  apply  to  a  person  who  operates  a  commercial  motor  vehicle.
  Notwithstanding any provision of law to the contrary, a finding  that  a
  person under the age of twenty-one operated a motor vehicle after having
  consumed  alcohol  in  violation  of  this  section is not a judgment of
  conviction for a crime or any other offense.