In New York State, there are additional penalties for drivers under the age of 21 who are arrested for drinking driving related offenses. New York has a zero tolerance law for drivers under the age of 21.

Drivers under the age of 21 violate the zero tolerance law if they operate a vehicle with a blood alcohol content between .02% and .07%. These cases are handled by an Administrative Law Judge at the Department of Motor Vehicles. The burden of proof at the administrative hearing is much lower than the burden of proof needed in a criminal case. This is why it is important to be represented by a NY DUI / DWI attorney who focuses on drinking and driving offenses and who has handled many administrative hearings successfully.

If you are found guilty of violating the zero tolerance law and it is your first alcohol related offense, you face a civil fine and suspension of your driver’s license. If it is your first alcohol-related driving offense, you will be eligible to enroll in the Drinking Driver Program (DDP) and obtain a conditional license.

If you have preciously been convicted of Driving While Intoxicated, Driving While Ability Impaired or violating the zero tolerance law, you will not be eligible to participate in the DDP program and you will not be able to get a conditional license.