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