DUI- Zero Tolerance in New York

The prefrontal cortex of the human brain begins developing during adolescence and is believed to be completed by age 25. For youthful offenders who are convicted of alcohol or drug related offenses in New York, mistakes made prior to turning 21 can carry lifelong consequences.

New York’s Zero Tolerance Law imposes penalties on drivers under 21 who have been found to have a BAC between .02% and .07%. While a BAC for .02% would not rise to the threshold limit of the lesser DWAI in adults over 21, it does create a chargeable offense for drivers under 21. It is in the best interest of any driver under 21 to consult an attorney about this offense as it differs vastly from a regular DUI charge.

Drivers under 21 that have been pulled over with any BAC in this range will be required to appear for an administrative hearing at the New York State Department of Motor Vehicles (DMV). If certain elements of the law are proved at this hearing, the driver will face a six-month suspension and penalties for a first-time offense. For a second offense with a previous alcohol related conviction, the driver will have their license revoked for a year. There are additional penalties and fines for a refusal to submit to a chemical test.

A Zero Tolerance conviction will be visible on a driver’s record for whichever time frame is longer: three years, or until the driver turns twenty-one. Youthful offenders must serve the suspension or revocation period, regardless of whether a Drinking Driver Program is completed. In certain cases, Zero Tolerance convictions will play a factor in re-applying for a license after permanent revocation.

Youthful offenders often do not understand the long-term consequences of even a single alcohol related offense. The Zero Tolerance process is tough to beat and even worse to experience. Attorneys who practice DUI cases can navigate youthful offenders through the process and explain possible outcomes, and the long-term consequences of respective outcomes.