Drunk Driving Accident

New York State Consolidated Laws : Vehicle & Traffic

ARTICLE 31
ALCOHOL AND DRUG-RELATED OFFENSES
AND PROCEDURES APPLICABLE THERETO

Section 1192. Operating a motor vehicle while under the influence of
alcohol or drugs.

S 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 chem-
ical 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 accord-
ance 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.