New York’s No Tolerance Laws: What They Mean for You

New York was the first state to pass laws prohibiting drinking while driving. This was back in 1910, when many people were still getting around by horse and cars were only starting to become truly popular.

The risks of drinking and driving are well-established. Alcohol impairs judgment, affects coordination, slows reaction time, impacts perception, and can make it more likely that a driver will fall asleep at the wheel. Even small amounts of alcohol have been linked to an increase in crashes.

New York’s DWI Laws

In the state of New York, driving while intoxicated (DWI) is a misdemeanor. For most drivers, DWI is determined by blood alcohol content (BAC), which refers to the percentage of alcohol in your blood. If a chemical test of the saliva, blood, urine, or breath determines you have a BAC of .08, you could be charged with DWI and may face up to a $1,000 fine and up to a year imprisonment for your first offense. Additional DWI offenses are a Class E felony.

For most drivers in New York, Driving while ability impaired by alcohol (DWAI) is a violation. For a first DWI it may be possible to get charges reduced to a DWAI. You may also be charged with DWAI if you have a BAC of between .05, and up to .07. A charge of DWAI can mean you face up to a $500, 15 days imprisonment, and potentially a license suspension of 90 days. Repeat DWAI violations result in more serious penalties.

For most drivers, refusing a chemical test carries additional penalties—civil penalties of $500 to $750 and license revocation for at least a year.

The No Tolerance Law

Under New York’s “No Tolerance Law” (Zero Tolerance Law), young drivers under the age of 21 face additional restrictions. Under the law, any driver who is found to be operating a motor vehicle with a BAC even as low as .02 to .07 is committing a violation.

If a chemical test determines that a young driver has even trace amounts of alcohol, the driver appears before a DMV hearing. If at the hearing it is determined that the motorist violated the No Tolerance Law, the driver will have their license suspended for six months. The motorist will also need to pay a $125 civil penalty and an additional $100 suspension termination fee.

For a second offense, the license suspension will last until the driver is 21 or for at least a year—whichever is longer.

If a younger driver has a BAC of .08 or higher, they will face the higher penalties of DWI charges.

In addition, if the young driver refuses a chemical test, they can have their license revoked for at least a year. To reinstate their license, young drivers will need to pay a $100 re-application fee and a $300 civil penalty.

The Impact on Young Drivers

In New York state, the legal drinking age is 21. Therefore, any driver who is drinking and driving under that age is already violating drinking regulations. Supporters of the Zero Tolerance Law state that the law discourages underage drinking and reduces the risk of car accidents. Some also state that younger drivers are more likely to take risks with drinking, because they do not know their limits.

Whether you agree with these arguments, the reality is that underage drinking does happen. The National Survey on Drug Use and Health (NSDUH) reports that 5.6 million Americans between the ages of 12 and 20 reported drinking alcohol over the past 30 days. This means that some driving-age youth are driving after drinking.

While the Zero Tolerance Law is meant to protect everyone who uses New York’s roads, it can also punish young drivers who have only had a very small amount to drink. The consequences can be significant. Even if a driver does not show signs of impairment, under the law their licenses can be immediately suspended. This, in turn, can affect a young driver’s ability to get to work or school, affecting their future prospects.

Even if a young driver is not causing a road accident, the law allows them to face legal consequences and penalties which can be difficult for some to pay. Being without a license for a year or longer can cause severe hardship for younger adults, especially if they live in areas with limited mass transit.

The law sets a stricter standard for younger drivers compared to older drivers. Instead of reflecting situations where a driver has harmed someone else with their driving, it focuses on small amounts of alcohol in someone’s system.

 What Can We Do?

If you are a young driver who is facing consequences under the Zero Tolerance Law, it’s important to call a DWI attorney right away. If you are in Westchester County, Bronx County, Brooklyn County, Rockland County, Putnam County, Orange County, Dutchess County, Ulster County, Sullivan County, Queens County, or surrounding areas, contact The Law Office of Mark A. Siesel for a free consultation.

Mark Siesel founded this firm to put his nearly 40 years of legal practice experience to work for those who have been injured or accused of a crime. When you work with our law firm, he will personally oversee your case.

At The Law Office of Mark A. Siesel, our team works closely with you and explains your options in a clear way, free of jargon. We want to empower you with the facts, so you can make the right choices for you. We also speak Spanish and are knowledgeable representatives. We have helped many drivers facing DWI charges.

In many cases, especially if it was your first offense and there was no property damage or injury, we may be able to get a conditional license and we may be able to limit the impact of the traffic violation on your life. We can also investigate whether the chemical test was taken correctly and whether the results can be considered accurate.

Driving is a privilege and not a right, but losing your license unfairly can place a significant burden on your life. If you are a younger driver accused of driving under the influence due to the Zero Tolerance Law, our team can review your situation and help you understand your options. We can seek to get your license back and can represent you in DMV hearings. Contact us as soon as possible, so we can start to work to protect your future.