<P> In response to the National Minimum Drinking Age Act in 1984, which reduced by up to 10% the federal highway funding of any state which did not have a minimum purchasing age of 21, the New York Legislature raised the drinking age from 19 to 21, effective December 1, 1985 . (The drinking age had been 18 for many years before the first raise in 1982, to 19 .) Persons under 21 are prohibited from purchasing alcohol or possessing alcohol with the intent to consume, unless the alcohol was given to that person by their parent or legal guardian . There is no law prohibiting where people under 21 may possess or consume alcohol that was given to them by their parents . Persons under 21 are prohibited from having a blood alcohol level of 0.02% or higher while driving . </P> <P> Like every other state in the United States, driving under the influence is a crime in New York, and is subject to a great number of regulations outside of the state's alcohol laws . New York's maximum blood alcohol level for driving is 0.08% for persons over the age of 21 and there is a "zero tolerance" policy for persons under 21 . Minors caught with any alcohol in the blood (defined legally as 0.02% or more, presumably to avoid false positives) are subject to license revocation for 6 months or more . Other penalties for drunken driving include fines, license suspension / revocation, and possible imprisonment, and in some cases the implementation of an ignition interlock device . A lesser charge, driving with ability impaired (DWAI), may apply when a driver's BAC exceeds 0.05% . </P> <P> Research suggests that misdemeanor drunk driving offenses, but not felony drunk driving offenses, are related to county - based closing times for on - premises licensed venues . Requirements for ignition interlock device's for first - time DWI offending introduced with Leandra's Law might explain why there was no relationship between alcohol availability and felony drunk driving offenses . </P> <P> New York State has no law against being intoxicated from alcohol in public, but there is a law prohibiting other substances . Any person found under the influence of a substance other than alcohol in public who is endangering themselves and others is guilty under the New York State Penal Code . This also applies to those found under the influence and bothering others or damaging public or private property . </P>

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