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What is the Zero Tolerance Law?

New York State is always looking for ways to fight driving under the influence of alcohol or drugs. Unfortunately, many of those who are charged and convicted of driving while intoxicated are not even old enough to consume alcohol. In order to combat underage drinking and driving, the state of New York has implemented a Zero Tolerance Law.

The Zero Tolerance Law determines the penalties that an underage drinker will face if they make the decision to consume alcohol and get behind the wheel. This law applies to any person under the age of 21 years old that has a blood alcohol content of 0.02 to 0.07 percent. A person with a blood alcohol content between 0.02 percent is facing an administrative hearing. At the hearing, the arresting officer will show that they lawfully stopped the vehicle, the breathalyzer was properly administered, and that your BAC was .02 percent or higher. Note that if your BAC was 0.05% or higher, it is considered a DWAI and is handled in Criminal Court.

The minimum consequence for a zero tolerance law violation is that you will lose your license for 6 months and pay a fine of $125. In addition, in order to reinstate your license when the suspension is up, you will have to pay a $100 fine. A violator of the zero tolerance law can not go to jail for this offense. However, the charge will be visible on your license for three years or until you have turned 21, depending on which time period is longer.

If you have been charged with driving while intoxicated under the age of 21, you should contact an experienced DUI attorney who can provide you with assistance.

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.  

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