Zero Tolerance Law In NYC

Zero tolerance law became effective in 1996 in New York City. The law is meant for those people caught driving under the influence of alcohol and are under the age of 21 years. The law states that if a person is found operating a motor vehicle with his or her blood alcohol concentration (BAC) between 0.02% and not more than 0.07%, they will be temporarily detained for the cops to be able to take a Breathalyzer test for their BAC level at the police station.

While drivers under 21 remain entirely subject to all of the Driving While Intoxicated (DWI) and Driving While Ability Impaired by Alcohol (DWAI/ Alcohol) provisions and penalties, the defilement is not an illegitimate violation. Its ensuing findings and penalties for infringement are administrative in nature. These penalties include a civil fine. If you refuse to take the breath test, you are subjected to revocation or suspension of your driving license for not less than one year.

When your license is revoked, you have to turn it to DMV, and it will be illegal for you to be found driving. When the revocation period ends, you have to apply afresh for another license. Although you may apply for a new license, your past driving license is still included in your newly applied one.

If your license was suspended, you have to turn it to the DMV, and it will be illegal for you to drive until you are given back your license at the end of the suspension time. If your license was suspended under the zero-tolerance law, and you do not have any past record on any alcohol-related verdict, you might be eligible for a conditional license. Nevertheless, for you to receive a conditional license, you need to enroll in an Approved Driver Program, and you must complete it.

Both the conditional license and the program have an extra cost more than the ones previously mentioned. The license only allows you to drive from home to work and from home to school, which is not the same as a full license.

Driving while drunk is a transgression because it impairs your judgment, ability to drive and coordination. The level of damage that alcohol causes to a person depends on the following conditions:

  • The amount of alcohol that you drink
  • The amount of food that you take during the drinking time or before you started drinking
  • The duration of time you take to drink alcohol
  • Your gender
  • Your body weight

If you don’t want to lose your driving privileges, fines, and a possible jail term, it would be best for you to wait until your body absorbs the alcohol you have consumed. The average rate at which a human body processes alcohol is about one drink per hour.

There are some additional penalties for being arrested under the Zero Tolerance Law, which includes:

  • Application of higher penalties for multiple alcohol and drug violations within five years.
  • Additional surcharges for alcohol-related crimes and offenses though it varies slightly depending on the court of conviction.
  • Permanent license revocation may be caused by three or more alcohol and drug-related convictions or refusals in a span of 10 years, and a waiver request allowed after at least five years.
  • A driver convicted with driving while intoxicated together with driving while ability impaired by alcohol, vehicular manslaughter, or vehicular homicide for three or more times in the past 15 years is guilty of Class D felony, which is the least serious grouping of offenses.
  • License revocation for a minimum of 18 months is issued to a driver with aggravated driving while intoxicated, driving while ability impaired by alcohol and drug combined within the past ten years.

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