What You Need to Know about New York’s Zero Tolerance Law
The Zero Tolerance Law Affects Drivers under 21 Years
The Blood Alcohol Concentration (BAC) level at which a driver can be automatically charged with impaired driving is 0.08% in most states. This is often referred to as the “legal limit.”
If you are under 21 years, you can be charged with drunk driving under the Zero Tolerance Law. This law sets a lower limit; in New York State, it is .02 percent.
New York has set the limit at .02 percent to address drivers who have willfully consumed alcohol. Other states have a true zero tolerance, where any measurable amount can result in a conviction.
0.02 Percent – 0.07 Percent
If you are under 21 years, you will usually be charged under the Zero Tolerance Law (driving after consuming alcohol) if the BAC is 0.02 percent but no more than 0.07 percent.
If the BAC level is more than .05% but not more than .07%, the police can charge you with “Driving While Ability is Impaired by alcohol” (DWAI).
If the level is 0.08 percent or more, normal “Driving While Intoxicated”(DWI) laws apply. A criminal court deals with DWAI and DWI offenses, and an offense under Zero Tolerance Law is an administrative violation, and it will not result in a criminal conviction.
NY DMV Hearing and License Suspension
| Offense |
|---|
| Suspension/Revocation |
|---|
| 1st |
| 6 months |
| 2nd |
| 12 months |
You must appear at a DMV hearing if you are charged under the Zero Tolerance Law. If the DMV hearing finds you guilty of driving after consuming alcohol, DMV suspends your driving privilege for six months.
A second Zero Tolerance violation will result in a license revocation for one year or until you are 21 years, whichever is longer.
Additional Penalties
In addition to a license suspension, you must pay a $125 civil penalty and a $100 suspension termination fee before you can reinstate your driver’s license.
The charge will remain on your driving record for three years or until you are 21, whichever is longer.
Test Refusal
A DMV hearing is also necessary if you refuse to submit to a chemical test. If the hearing finds that the police officer had grounds for the chemical test request, the penalties are:
- $300 civil penalty
- 1-year license revocation
- License reapplication fee
A second offense results in a revocation for one year or until you are 21 years, whichever is longer.
What Does a License Revocation Mean?
A revocation means that you must turn in the driver’s license to DMV, and it will be illegal for you to drive. At the end of the revocation period, you may apply for a new permit and start the licensing procedure all over again. You must also pay all applicable fees.
Read more about New York’s Zero Tolerance Law: Safeny.ny.gov
Practice for your New York DMV Test .
This article was initially published at permit-practice-test-ny.com.
