New York State DWI Zero Tolerance Law

Are you under 21 years old?  An introduction to New York State’s Zero Tolerance Law:

The Zero Tolerance Law applies to a person under age 21 who operates a motor vehicle with a BAC of not less than .02%, nor more than .07%, regardless of whether or not the person is legally “impaired” at all.

If you are pulled over in your car by a police officer, and then the police officer determines that you are under 21 and have consumed alcohol, you will be temporarily detained for the purpose of taking a breathalyzer test to determine your BAC level. This usually occurs at the police station. 

With a BAC level of not less than .02% nor more than .05%, you will not be charged with DWI, but you will be referred to the DMV to determine whether or not your license should be suspended for violating the Zero Tolerance Law.  You will be provided with a notice to appear for a hearing before an administrative law judge of the Department of Motor Vehicles. It’s during this hearing that a police officer must prove that there was a lawful vehicle stop, that you were driving the vehicle, that you were under 21 at the time of the offense, that the request to take a BAC test was proper, that the BAC test was correctly administered, and that either your BAC was .02% or more at the time of driving or that you refused the breath test.

After testimony is taken from the police officers involved, and then from you (if you wish, but you are not required to testify) and/or your witnesses, the administrative law judge decides whether or not a Zero Tolerance violation occurred, and if a refusal occurred (if applicable).  If such findings are made, you will lose your license.  For a first-time Zero Tolerance violation, you will lose your license for six months.  If you are under 21 and refused a breathalyzer test, your license will be revoked for at least one year.  At the very least, you will also have to pay various civil fees to the DMV before you are granted back your driving privileges.

With a BAC level of more than .05% but less than .08%, the police will have the option of charging you with DWAI and “common law” DWI.  With a BAC level of more than than .08%, you will be charged with a DWI “per se” and “common law” DWI.  In such a case, you will be summoned to appear in criminal court for these charges.  If you are convicted of DWI or DWAI and were under 21 years old at the time of committing the offense, you will lose your license for at least one year.

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