In New York, young people will be excited when they get their driver’s license. It suggests they are mature enough to take the responsibility of operating an automobile. However, they should also be aware of the law. There are various missteps they might take that can cost them their driving privileges and more.
New York has what is known as “Zero Tolerance” laws. These laws reference how much alcohol a driver under 21 is allowed to have in their system. But it goes beyond that. It also includes being asked to take a chemical test and refusing to do so. To retain driving privileges and avoid the penalties of a Zero Tolerance violation, it is essential to understand the law and to have assistance.
Zero Tolerance violations could cost a person their driving privileges
A young driver can be arrested and face drunk driving charges if they register a blood alcohol concentration of at least 0.02%.This differs from the law for people who are legally allowed to drink at age 21 or older for whom the law is a BAC of 0.08% or higher to warrant an arrest.
A conviction for violating Zero Tolerance will result in a driver’s license suspension for six months. They will be fined a civil penalty of $125 and will need to pay $100 to terminate the suspension. If there is a second such violation, the fine and the re-application fee are the same. However, the driver’s license will be revoked until they turn 21.
A mistake many new drivers might make is thinking they can refuse a chemical test without consequences comparable to the right to remain silent. This is not the case. Having a driver’s license means there is implied consent to submit to testing to determine their BAC.
The penalties for chemical test refusal under Zero Tolerance are a $300 civil penalty and a $100 re-application fee to regain driving privileges. The license will be revoked for a minimum of one year. For a second of subsequent refusal, the civil penalty rises to $750 with the same re-application fee. The license is also revoked for at least one year.
Young drivers facing Zero Tolerance charges should have help
Younger drivers who are new to the road are prone to mistakes. That includes potentially consuming alcohol and getting behind the wheel or refusing to take a test when asked to do so by a law enforcement officer. Losing driving privileges can impact them personally, financially and professionally, hindering their future. It is important to have help with navigating the legal process with a qualified criminal defense.