New York Alcohol Related Laws and Regulations

Legal Age for Drinking/Serving Alcohol
In order to consume alcohol, a person must be at least 21 years of age. At 18 years of age, a person is able to serve alcohol in a restaurant either as a server or bartender and work in a liquor store as long as they are supervised by an adult over the age of 21.

Open Container Laws
If a container of alcohol has been previously opened, it must be concealed in the trunk of the vehicle.

BAC Limits
A person can be charged with DUI (driving under the influence) by reaching the legal maximum blood-alcohol content (BAC) of .08 percent, which means that the driver is ‘per se intoxicated.’  Other common terms for DUI are OWI, operating while intoxicated, and DWI, driving while intoxicated. No other proof is needed to convict the driver.

The driver is faced with a more severe punishment if they have a BAC of .18 percent over the maximum of .08 percent.

‘Zero tolerance laws’ are aimed at drivers under the age of 21, making it possible for them to be charged with DUI with a .02 percent BAC or higher.

DUI/Penalties
Drivers are binded by ‘implied consent laws,’ which require them to cooperate with a law enforcement officer’s request to take a breath, blood, or urine testing to determine their BAC. If they refuse the testing, they are subjected to a mandatory suspension of their driver’s license, which can last up to one year

A driver’s license is suspended by the DMV (Department of Motor Vehicles) for 90 days for their first conviction and six months for both their second and third DUI convictions.

A driver faces the possibility of having their vehicle confiscated with their second DUI conviction. Other punishment possibilities for DUI convictions include an ignition interlock device being installed in the driver’s vehicle and alcohol education or treatment.

After the first conviction, DUI is considered a felony.