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Under 21 And Driving

Veh. & Traf. Law § 1192-a — .02 to .07 under twenty-one is a six month suspension, and not a crime

.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.

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

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

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.

Sources for this section (3)
  1. Veh. & Traf. Law § 1192-a — Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se
  2. Veh. & Traf. Law § 1193 — Sanctions
  3. 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.

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