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The alcohol laws of New York are among the most lenient of any state in the Atlantic Northeast of the United States, but they remain considerably more restrictive than those of Louisiana, Missouri (see alcohol laws of Missouri), Nevada, Illinois, New Mexico, and Arizona.
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State Liquor Authority
The serving of alcohol in the State is ultimately governed by the State Liquor Authority which issues licenses and permits for the manufacture, wholesale distribution and retail sale of all alcoholic beverages; and regulates the trade and credit practices related to the sale and distribution of alcoholic beverages at wholesale and retail levels.[1]
For consumption on-premises
In New York, there are only four hours out of each day of the week in which alcohol may not be served: 4:00 a.m. to 8:00 a.m. This rubric was designed to accommodate New York City nightlife as well as late night workers statewide in general. Some areas have an earlier "last call," such as Lake Placid and Binghamton, where bars must close at 3:00 a.m., Syracuse, Plattsburgh and Rochester, where bars must close at 2:00 a.m., as well as Elmira and Ithaca, where bars must close at 1:00 a.m.
Drinking age
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.) Persons under 21 are prohibited from purchasing or possessing alcohol, from consuming alcohol in public but may in the privacy of their own homes with consent of a legal guardian, or from having a blood alcohol level of more than 0.02% while driving.
Drunk driving
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%.
References
See also
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