<P> Ten towns forbid on - premises consumption but allow off - premises; four allow both only at a hotel open year - round . Seventeen disallow only special on - premises consumption . The town of Spencer in Tioga County allows only off - premises and special on - premises consumption . Williamson, in Wayne County, bans on - premises sale of beer at race tracks, outdoor athletic fields and sports stadia where admission is charged . In all, there are 39 partially dry towns . </P> <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>

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