Zero Tolerance Law
Under New York's Zero Tolerance Law, section 1192-a of the VTL, a motorist under 21 years of age face mandatory periods of suspension if they are found operating a motor vehicle with a blood alcohol content of .02 or more. (See 1192-a)
Under Section 1192-a of the New York Vehicle and Traffic Law, a motorist under 21 years of age, who after a DMV hearing has been found to have operate a motor vehicle with a .02 or more blood alcohol content as shown by chemical analysis, now faces a mandatory suspension or revocation of their driver's license and privileges.
The motorist faces a fine of $125.00 for the first offense and a 6 month suspension of their driver's license. Where the motorist has had a prior conviction within any subdivision of Article 1192, or has previously been found to have violated 1192-a, the motorist's license will be revoked for a period of one year or until the motorist reaches 21, whichever is greater.
However, the motorist, if otherwise eligible, can obtain a conditional license during this period of suspension provided that the motorist enters and successfully completes the Drinking Driving Program. Upon the successful completion of the DDP, the motorist will be eligible to apply for the termination of the suspension and restoration of their full driving privileges. Significantly, at the time the motorist reaches 21 any reference to the suspension as related to alcohol will be removed from his driving record and his court records will be sealed.
In those cases where an underage motorist is found to have refused to submit to the chemical test but is not charged with Driving While Impaired or Driving While Intoxicated said motorist can not qualify for a conditional license and will have to wait out the minimum one year revocation before reapplying for re-licensure.