| Zero Tolerance/Underage Offenders |
New York has enacted a statutory framework that deals specifically with individuals charged with DWI, DWAI or DWAI Drugs that are under the age of 21. If you have been charged with either Zero Tolerance, DWAI or DWI in Albany County, Rensselaer County, Saratoga County, Schenectady County, Warren County or Washington County, contact DWI Attorney Matthew C. Hug, Esq. - Zero Tolerance: You can be charged with violating New York's zero tolerance law if you are under 21 while operating a motor vehicle with a BAC of between 0.02 % and 0.07 %. In this event, you will be charged with a traffic offense of "driving after having consume alcohol" and then you will be given a notice to appear for a hearing before an administrative law judge for a hearing at the Department of Motor Vehicles. The potential penalty under the zero tolerance law is a suspension of your license for six months and civil assessments and termination fees of $225.00.
- DWAI: If your BAC is between 0.05% and 0.07%, the officer has the option of charging you with DWAI, despite your eligibility for zero tolerance. If your BAC is between 0.07% and 0.08%, you will be charged with DWAI.
- DWI: If your BAC is 0.08% or higher, you will be charged with DWI.
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