NY Laws to Control Underage Drinking

Selling Alcohol to Youth

Usually enforced by the State's Alcohol Beverage Commission (ABC), these laws empower the ABC to rescind the license of any business that knowingly sells alcohol to an underage individual.

Youth Purchase

It is an offense for an individual 21 years or younger to purchase alcohol and provides for significant penalties including driver's license suspension.

Fake ID

A statute that creates an offense for an underage person to use a fraudulent ID and provides for a driver's license suspension for attempting to purchase alcohol using a false ID.

Open Container Law

Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.

Youth Consumption of Alcohol

A law making it an offense for individuals under 21 to consume alcohol or to have any amount of alcohol in their bodies.

Social Host Laws

Social Host liability is a statute or case law that imposes potential liability on social hosts as a result of their serving alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing injury or death to third-parties.

Child Endangerment

Law that creates a separate offense or enhances existing DUI/DWI penalties for an offender who drives under the influence with a minor child in the vehicle.

Dram Shop

A term referring to liability of an establishment arising from the sale of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third-parties as a result of alcohol-related crashes.

Felony DUI

Law that makes DUI/DWI felony offense based on the number of prior convictions.

Graduated Driver's Licensing

A three-tiered licensing system under which novice drivers are given full driving privileges gradually after an extended period of education, supervised driving with nighttime restrictions and citation, and alcohol-free driving record.

Ignition Interlock

A device installed in an offender's vehicle that prevents the vehicle from starting if the driver's blood alcohol content (BAC) is above a specified set limit.

Mandatory Alcohol Assessment/Treatment

Mandatory alcohol assessment and treatment law that mandates that convicted DUI/DWI offenders undergo an assessment of alcohol abuse problems and participate in required treatment program.

Mandatory Alcohol Education

A law which mandates that convicted DUI/DWI offenders complete an alcohol education program before driving privileges can be reinstated.

Mandatory BAC Testing for DUI Offenders Who Survive

Mandatory blood alcohol testing of all drivers involved in serious injury crashes who survive.

Mandatory BAC Testing for Offenders Who Are Killed

Statute which creates mandatory testing for all drivers killed in vehicle crashes.

Penalties for Test Refusal Greater than Test Failure

Statutes that provide for increased penalties for refusing to take a breath test, stricter than those penalties for an individual who takes and fails a breath test.

Sobriety Checkpoints

Enforcement that allows officers to stop all or predetermined vehicles to check for sobriety of the driver.

Vehicle Confiscations

Seizure of the vehicle operated by an offender at the time the alcohol-related offense was committed.

Vehicle Impound

Seizure and impoundment of the vehicle operated by a DUI/DWI offender for a predetermined period of time.

Zero Tolerance

Law that makes it illegal for drivers under the age of 21 to operate a motor vehicle with a blood alcohol level of .02 or more.

Marijuana Laws in NY

Possession - Civil Citation

Possession of 25 grams or less of cannabis. Fines from $100-$200 with no incarceration for first and second offense.

Possession - Misdemeanor

Possession of 25 grams or less (third offense) up to 8 ounces. Incarceration up to a year. Fines up to $1,000.

Possession – Felony

Possession of 8 ounces to more than 10 pounds. Incarceration from 4-15 years. Fines up to $5,000.

Public Possession

Possession of any amount in public where the marijuana is burning or open to public view is a misdemeanor punishable by up to three months in jail and a fine of up to $500.

Sale or Cultivation – Misdemeanor

Possession of less than 25 grams. Incarceration up to 1 year. Fines up to $1,000.

Sale or Cultivation – Felony

Possessions of 25 grams to over 16 ounces. Incarceration from 4 to 15 years. Fines up to $5,000.

Sale to a Minor

Felony charge with up to 7 years incarceration and $5,000 fine.

Paraphernalia Possession or Sale

A misdemeanor in New York which can result in up to a year incarceration and $1,000.