N.Y. Veh. & Traf. Law § 1192-a

§ 1192-a. Operating a motor vehicle after having consumed alcohol;\nunder the age of twenty-one; per se. No person under the age of\ntwenty-one shall operate a motor vehicle after having consumed alcohol\nas defined in this section. For purposes of this section, a person under\nthe age of twenty-one is deemed to have consumed alcohol only if such\nperson has .02 of one per centum or more but not more than .07 of one\nper centum by weight of alcohol in the person's blood, as shown by\nchemical analysis of such person's blood, breath, urine or saliva, made\npursuant to the provisions of section eleven hundred ninety-four of this\narticle. Any person who operates a motor vehicle in violation of this\nsection, and who is not charged with a violation of any subdivision of\nsection eleven hundred ninety-two of this article arising out of the\nsame incident shall be referred to the department for action in\naccordance with the provisions of section eleven hundred ninety-four-a\nof this article. Except as otherwise provided in subdivision five of\nsection eleven hundred ninety-two of this article, this section shall\nnot apply to a person who operates a commercial motor vehicle.\nNotwithstanding any provision of law to the contrary, a finding that a\nperson under the age of twenty-one operated a motor vehicle after having\nconsumed alcohol in violation of this section is not a judgment of\nconviction for a crime or any other offense.\n