N.Y. Vehicle & Traffic Law § 1192-a: 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.