<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> <P> Drinking in public was outlawed in New York City by Ed Koch in 1979 . The law was originally pitched as targeting antisocial derelicts congregating in parks and on sidewalks, with Frederick E. Samuel, one of the measure's proponents in the New York City Council, stating "We do not recklessly expect the police to give a summons to a Con Ed worker having a beer with his lunch". By the end of the year similar laws had spread to municipalities in Westchester County . In March 2016, drinking in public in Manhattan was decriminalized . </P>

New york state legal age to serve alcohol