{"jurisdiction": "us-ny", "code": "vtl", "section": "1192-A", "citation": "VTL § 1192-A", "heading": "Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/VAT/1192-A", "from_official_api": true, "plain_english": "No person **under 21** shall operate a motor vehicle after **having consumed alcohol.** For this section, an under-21 driver is \"deemed to have consumed alcohol\" only with **.02% or more but not more than .07%** BAC by chemical analysis (§ 1194). ★★ A violator not also charged under § 1192 for the same incident is **referred to the Department (DMV) for § 1194-a action.** It generally doesn't apply to commercial operators (except per § 1192(5)). **Key:** a § 1192-a finding is **NOT a judgment of conviction for a crime or any other offense** — it's an administrative/civil matter handled by DMV. ★★\n\n---\n\n**★ Exam hits:**\n- **BAC ladder:** **.02–.07** = under-21 \"Zero Tolerance\" (§ 1192-a, **not a crime**); **.08+** = DWI per se (§ 1192(2)); **.18+** = **Aggravated DWI** (§ 1192(2-a)). Commercial: **.04–.06** level I (§ 1192(5)); **>.06–<.08** level II (§ 1192(6)).\n- **DWAI (§ 1192(1)) is a traffic VIOLATION**, not a crime; **DWI (§ 1192(2)/(3))** is a crime.\n- **Aggravated DWI \"with a child\"** = child **15 or younger** in the car while violating subd. 2, 2-a, 3, 4, or 4-a (Leandra's Law).\n- **Plea limits (§ 1192(10)):** a 2/3/4/4-a charge can't be pled to a non-1192 charge unless the **DA finds the charge unwarranted** and states the basis **on the record**; a plea down to **DWAI (subd. 1)** requires the **§ 1196 rehab program.**\n- Applies on **public highways, roads open to traffic, and parking lots with capacity for 4+ vehicles** — **not** on 1-2 family residential property (§ 1192(7)).\n- **Prior out-of-state DWI counts as a prior** if it would have been a NY misdemeanor/felony (§ 1192(8)); a § 1192-a finding is **NOT a criminal conviction** (§ 1192-a).\n- Officer notations on the simplified traffic information: **\"D\"** (death), **\"S.P.I.\"** (serious physical injury), **\"C.I.V.\"** (child in vehicle) (§ 1192(12)).\n- Only a **commercial operator** can be convicted of subd. **5 or 6** (§ 1192(11)); chemical-test thresholds all tie to **§ 1194.**\n\n\n---\n*Verbatim statute:* [[VTL - Section 1192]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/vtl/1192-a", "publisher": "Elyphived LLC"}