Teen Resource Guide - 22

Y OUR DRIVING P RIVI LEG E
New York State’s Drinking and Driving Laws

Zero Tolerance Law This law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer may temporarily detain you to request or administer a chemical test to determine Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you could be charged under Zero Tolerance and notified to appear at a DMV hearing. If the judge’s finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee. Driving While Ability Impaired (DWAI) If your BAC is .05 percent but not more than .07, the police have the option of charging you with driving while ability impaired (DWAI) , and may prosecute the arrest in criminal court, instead of Zero Tolerance. And if you are convicted of an alcohol-related traffic violation in addition to any fines, fees, penalties, or surcharges that must be paid for a traffic conviction, a driver responsibility assessment payment will

also be required for three years. Besides putting yourself, passengers or other drivers on the road at risk of death or serious injury, driving while under the influence of drugs or alcohol can cost you serious money! Driving While Intoxicated (DWI) If your BAC is .08 or greater the police will charge you with driving while intoxicated (DWI). If charged with DWI you will be prosecuted in criminal court and will face any fines, fees, penalties or surcharges associated with a DWI conviction. In addition, a driver responsibility assessment payment will also be required for three years. If you are found to be driving while intoxicated and you have any passengers under the age of 16 riding in the vehicle, you will be charged under Leandra’s Law.

Teen Driver Resource Guide • www.dmv.ny.gov | 22

Teen Resource Guide

Table of Contents for the Digital Edition of Teen Resource Guide