NY Vehicle and Traffic Law Section 1192-a: Operating a Motor Vehicle While Under the Influence of Alcohol; Per Se

by ECL Writer
NY Vehicle and Traffic Law § 1192.3: Driving While Intoxicated

In the realm of traffic laws and regulations, few offences carry as serious consequences as driving under the influence of alcohol. The dangers posed by impaired drivers on our roads have led lawmakers to establish stringent legal frameworks aimed at curbing this perilous behaviour. One such critical provision is found in the New York Vehicle and Traffic Law, specifically Section 1192-a, which addresses the offence of operating a motor vehicle while under the influence of alcohol “per se.”

In this article, eastcoastlaws.com will delve into the intricacies of NY Vehicle and Traffic Law Section 1192-a, shedding light on what it means to be “per se” intoxicated while behind the wheel. We’ll explore the legal threshold for blood alcohol concentration (BAC) that triggers this offence, the consequences for those found guilty of violating it, and the broader implications for public safety.

Understanding Section 1192-a is essential for motorists in New York and anyone interested in the complexities of DUI laws. Join us on this journey through the legal landscape that seeks to keep our roads safe from the menace of drunk driving.

Operating a Motor Vehicle While Under the Influence of Alcohol

New York Vehicle and Traffic Law § 1192-a, it is against the law for individuals under the age of 21 to drive if their blood alcohol content (BAC) is at least 0.02, which is significantly lower than the general threshold of 0.08 for driving while intoxicated (DWI) for those over 21. To be convicted under this statute, the prosecutor only needs to prove three elements:

  • You were driving a vehicle.
  • You were under the age of 21 at the time of driving.
  • Your blood alcohol content (BAC) at the time you were driving was at least 0.02.

It’s crucial for young drivers to be aware of and adhere to these rules, as violations can lead to legal consequences, including fines, license suspension, and other penalties. Additionally, driving under the influence of alcohol is dangerous and can result in accidents and harm to oneself and others on the road. It’s always best to avoid drinking and driving altogether, regardless of age, to ensure safety on the road.


To pull you over, a police officer must have good reason. The officer must have other grounds to believe you have committed a crime if you are not driving dangerously. All evidence acquired during the unlawful traffic stop must be thrown out if the officer did not have probable cause to conduct the stop. If that takes place, the prosecution will be forced to drop the accusation of operating a car while intoxicated.


A misdemeanour is committed if a driver is under twenty-one and has ingested alcohol. A $500–$1000 fine, up to a year in jail, and a maximum 6-month license suspension are all part of the sentence. You will face felony charges if you have a second conviction within five years. Your punishment will include a fine of $1,000 to $5,000, up to 4 years in jail, and a 1-year license suspension.

New York Vehicle and Traffic Law § 1192-a: Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per see

The passage you’ve provided appears to be a legal provision related to the operation of motor vehicles by individuals under the age of twenty-one after consuming alcohol. It outlines specific rules and consequences for such situations. Here’s a breakdown of the key points in the passage:

  • Age Restriction: Individuals under the age of twenty-one are prohibited from operating a motor vehicle after consuming alcohol, as defined in this section.
  • Definition of Consumed Alcohol: To be considered as having consumed alcohol, a person under the age of twenty-one must have a blood alcohol concentration (BAC) of at least 0.02% but not more than 0.07% by weight of alcohol in their blood, as determined by chemical analysis of blood, breath, urine, or saliva. This is typically measured using devices like breathalyzers.
  • Consequences for Violation: Any person who operates a motor vehicle in violation of this section, and who is not charged with a violation of any other relevant section (section eleven hundred ninety-two), will be referred to the department for appropriate action. The specific action is determined by the provisions of section eleven hundred ninety-four-a of this article.
  • Exemption for Commercial Motor Vehicles: The section explicitly states that it does not apply to individuals who operate commercial motor vehicles. Different rules and regulations may apply to commercial drivers concerning alcohol consumption and driving.
  • Non-Criminal Finding: Importantly, it’s noted that a finding that a person under the age of twenty-one operated a motor vehicle after consuming alcohol in violation of this section does not result in a judgment of conviction for a crime or any other offence. This means that it is treated as a separate, non-criminal matter.

The specific legal consequences and actions mentioned in this passage may vary depending on the jurisdiction and the relevant laws in place. This passage appears to be outlining the rules and consequences related to underage drinking and driving within a specific legal context. It’s always important to consult the full text of the relevant laws and regulations in your jurisdiction for a complete understanding of the rules and consequences related to alcohol and driving.

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