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NEW YORK FIELD FILE

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About this guide — education built from New York's Consolidated Laws as the Legislative Bill Drafting Commission publishes them, not a law degree in a webpage. Applying them to a particular situation is the work of a licensed New York attorney or a legal aid office. Current as of October 2026.

.02 to .07. No one under twenty-one may drive after having consumed alcohol, which the section defines as having .02 to .07 by weight of alcohol in the blood, as shown by a chemical test. A driver not charged with driving while intoxicated or impaired for the same incident is referred to the department of motor vehicles.

Veh. & Traf. Law § 1192-a

Six months. A finding that a driver under twenty-one drove after drinking suspends the license for six months.

Veh. & Traf. Law § 1193

A finding under the section is not a judgment of conviction for a crime or any other offense.

Veh. & Traf. Law § 1192-a

A driver who was under twenty-one when refusing a chemical test has the license revoked, and it is not restored for at least one year.

Veh. & Traf. Law § 1194

Sources for this section (3)

Veh. & Traf. Law § 1192-a — Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se
Veh. & Traf. Law § 1193 — Sanctions
Veh. & Traf. Law § 1194 — Arrest and testing

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

NEW YORK FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Recording

Charges and penalties

How you carry yourself

Walk it through

NEW YORK FIELD FILE

Traffic stops

Under 21 And DrivingVeh. & Traf. Law § 1192-a — .02 to .07 under twenty-one is a six month suspension, and not a crime▾

Open ContainerVeh. & Traf. Law § 1227 — drinking, cannabis or an open container in a vehicle on a public highway is a traffic infraction▾

Your Phone Behind The WheelVeh. & Traf. Law § 1225-d — no hand held phone or device while the vehicle is moving, $50 to $200 the first time▾

Speed LimitsVeh. & Traf. Law § 1180 — 55 mph unless a limit is posted, and never faster than is reasonable and prudent▾

Reckless DrivingVeh. & Traf. Law § 1212 — driving that unreasonably interferes with or endangers others on the road, a misdemeanor▾

Seat Belts And Child SeatsVeh. & Traf. Law § 1229-c — the driver and every passenger sixteen or older belted, and children by age▾

Driving While SuspendedVeh. & Traf. Law § 511 — driving on a license known to be suspended or revoked is a misdemeanor, $200 to $500 or up to 30 days▾

After A CrashVeh. & Traf. Law § 600 — a driver stops and exchanges license, insurance and contact details before leaving▾

Moving Over For Stopped VehiclesVeh. & Traf. Law § 1144-a — due care around stopped emergency and hazard vehicles, and on a parkway or expressway a lane change▾

Turning On RedVeh. & Traf. Law § 1111 — a right on red after stopping, unless a sign forbids it or the city has a million people or more▾

Being stopped

When You Must IdentifyCPL § 140.50 — name, address and an explanation, on reasonable suspicion of a felony or a Penal Law misdemeanor▾

Being ArrestedCPL § 140.10 — for an offense committed in the officer's presence, or a crime on reasonable cause, then to court without unnecessary delay▾

Reading A Search WarrantCPL § 690.30 — executed within ten days, between 6:00 A.M. and 9:00 P.M. unless the warrant says otherwise▾

Resisting And FleeingPenal Law § 205.30 — preventing an authorized arrest is a class A misdemeanor, and so is fleeing at 25 mph over the limit▾

Marijuana and drugs

CannabisPenal Law § 222.05 — at 21 or older, up to three ounces and twenty-four grams of concentrate is lawful▾

Impaired driving

The DWI StopVeh. & Traf. Law § 1192 — .08 is driving while intoxicated, a misdemeanor; impaired ability is a traffic infraction▾

The Chemical TestVeh. & Traf. Law § 1194 — consent is implied, a refusal suspends the license at once, and revocation lasts at least a year▾

Court and money

Getting The Deposit BackGen. Oblig. Law § 7-108 — at most one month's rent, and back within fourteen days with an itemized statement▾

When The Landlord Will Not Fix ItReal Prop. Law § 235-b — every lease carries a warranty that the home is fit to live in, and it cannot be waived▾

Locked Out By The LandlordRPAPL § 768 — changing the locks, removing belongings or cutting essential services is unlawful eviction, a class A misdemeanor▾

Being EvictedRPAPL §§ 711, 749 — a fourteen day rent demand first, and fourteen days' notice before a warrant is carried out▾

Retaliatory EvictionReal Prop. Law § 223-b — a landlord's move within one year of a good faith complaint is presumed to be retaliation▾

Late Fees And Move In FeesReal Prop. Law § 238-a — no late fee until rent is five days late, and then $50 or 5 percent, whichever is less▾

Leaving A Lease EarlyReal Prop. Law § 227-e — a landlord whose tenant leaves early has to try to rent the home to someone else▾

Notice Of A Rent Increase Or Non-RenewalReal Prop. Law § 226-c — thirty, sixty or ninety days' written notice, by how long the tenant has lived there▾

Clearing A RecordCPL § 160.57 — convictions sealed automatically, three years after a misdemeanor and eight after a felony▾

Orders Of ProtectionFam. Ct. Act § 842 — conditions of behavior for up to two years, or five with aggravating circumstances▾

Getting PaidLabor Law § 191 — manual workers weekly, others at least semi-monthly, and the last pay by the next regular payday▾

Minimum WageLabor Law § 652 — $17.00 an hour in New York City, Nassau, Suffolk and Westchester, and $16.00 elsewhere, from January 1, 2026▾

Sick LeaveLabor Law § 196-b — up to 40 hours of sick leave a year, or 56 at an employer of one hundred or more▾

Unemployment BenefitsLabor Law § 590 — up to twenty-six times the weekly rate in a benefit year, after a waiting week▾

Hurt At WorkWorkers' Comp. Law § 10 — compensation for an injury arising out of and in the course of the job, whoever was at fault▾

Discrimination At WorkExec. Law § 296 — hiring, firing, pay and the terms of a job may not turn on a protected characteristic▾

Housing DiscriminationExec. Law § 296 — refusing to sell or rent, or setting different terms, because of a protected characteristic or lawful source of income▾

Jury Duty And Your JobJud. Law § 519 — no firing or penalty for jury service, and a larger employer pays the first $72 a day for three days▾

What A Creditor Cannot TakeCPLR 5205 — property a money judgment cannot reach, and CPLR 5231's limits on taking wages▾

Debt CollectorsGen. Bus. Law § 601 — what a creditor collecting a consumer debt, or its agent, may not do▾

Deceptive Business PracticesGen. Bus. Law § 349 — unfair, deceptive or abusive practices are unlawful, and an injured person recovers at least $50▾

Door To Door SalesPers. Prop. Law § 428 — until midnight of the third business day to cancel a sale made at the door▾

Lemon LawGen. Bus. Law § 198-a — a new car's defects within 18,000 miles or two years, and a refund or replacement▾

Getting Public RecordsPub. Off. Law § 89 — an answer within five business days, and an appeal within thirty days of a denial▾

Getting DivorcedDom. Rel. Law § 170 — seven grounds, among them a marriage broken down irretrievably for at least six months▾

Maintenance And PropertyDom. Rel. Law § 236 — marital property divided equitably, separate property kept, and an advisory schedule for how long maintenance lasts▾

Dog BitesAgric. & Mkts. Law § 123 — a dangerous dog's owner is strictly liable for medical costs, and a negligent owner pays a civil penalty▾

Changing Your NameCiv. Rights Law § 60 — a petition to the county or supreme court, or in New York City the civil court▾

Small Claims CourtN.Y.C. Civ. Ct. Act § 1801 — up to $10,000 in New York City, and up to $5,000 in a city court elsewhere▾

Recording

RecordingPenal Law § 250.05 — recording a conversation without the consent of at least one party is eavesdropping, a class E felony▾

Charges and penalties

AssaultPenal Law § 120.00 — causing physical injury, intentionally or recklessly, is a class A misdemeanor▾

Harassment And StalkingPenal Law § 120.45 — stalking in the fourth degree is a class B misdemeanor; harassment in the second degree a violation▾

The Theft LadderPenal Law § 155.30 — petit larceny is a class A misdemeanor; over $1,000 is grand larceny, a class E felony▾

What An Offense Level MeansPenal Law § 10.00 — a violation, a misdemeanor or a felony, by the longest jail term the offense allows▾

Minor In PossessionAlco. Bev. Cont. Law § 65-c — a summons and a fine of up to $50, never an arrest, and not a conviction▾

Bail After An ArrestCPL § 510.10 — release on recognizance unless that will not reasonably assure a return to court▾

How you carry yourself

Disorderly ConductPenal Law § 240.20 — conduct meant to cause public inconvenience, annoyance or alarm, a violation▾

TrespassPenal Law § 140.05 — trespass is a violation; in a dwelling it is criminal trespass, a class A misdemeanor▾

Criminal MischiefPenal Law § 145.00 — damaging someone else's property is a class A misdemeanor, and over $250 with intent a class E felony▾

Self DefensePenal Law § 35.15 — the force reasonably believed necessary, and a duty to retreat before deadly force except at home▾

Walk it through