New York State Alcohol Drinking Laws
- New York's laws govern the buying, selling and drinking of alcoholic beverages.white wine and red wine image by jimcox40 from Fotolia.com
The state government of New York has enacted several laws that govern the selling, buying and drinking of alcohol. The majority of New York's alcoholic beverage laws relate to merchants, bars and clubs who sell alcohol, but several laws focus on individuals who want to drink. Compliance is critical, both to avoid legal consequences and for your own personal health and safety. - In accordance with the Federal Uniform Drinking Age Act of 1984, it is unlawful for individuals under the age of 21 to purchase or publicly consume alcohol in New York. Per Alcoholic Beverage Control Law § 65-B, underage individuals who attempt to buy alcohol may be fined up to $100 for their first violation, up to $350 for their second violation and up to $750 for their third and all subsequent violations.
- According to Alcoholic Beverage Control Law § 65-C, in some specific situations people under the age of 21 can drink alcohol. This includes those who are in a school program that requires the consumption of alcohol as part of a classroom curriculum, as well as those who are given a drink by their legal guardian or parent.
- According to the New York State Department of Motor Vehicles, New York takes a zero-tolerance approach to drinking and driving. If a police officer pulls over a driver, she may request that the driver submit to a breath screening test. According to the New York State Liquor Authority, drivers under the age of 21 with a blood alcohol content (BAC) of 0.02 percent or higher may receive a license suspension and various fines. Drivers with a BAC of 0.08 percent or higher may receive a fine or jail time.
- In New York, on the state level it's unlawful to serve alcohol between the hours of 4:00 a.m. and 8:00 a.m. However, at the municipal level, counties may enact local regulations that set earlier legal serving times.
- According to the New York State Liquor Authority, numerous penal and civil liability laws govern the consumption of alcohol, especially by minors. For example, you may be held liable for damage to a person's property if it's damaged by minors who drank at your home. You may also be held responsible if a minor hurts himself after obtaining alcohol from you.