When a Rochester driver under the age of 21 is stopped and found to have a blood alcohol content of at least .02% but less than .07%, he or she may be found in violation of New York’s Zero Tolerance Law.

Zero Tolerance Law violations are handled at a hearing before a judge appointed by the Department of Motor Vehicles, not a criminal court judge.

A finding of having violated the Zero Tolerance Law is not considered a crime, but it does result in a fine and a driver’s license suspension of six months for a first time offender.

If the driver is again stopped after reaching the age of 21 and charged with a drinking and driving offense, there is a limited period of time after turning 21 during which the prior Zero Tolerance Law violation may impact the sentence arising from the current drinking and driving charges.

New York State requires the Department of Motor Vehicles to keep records of Zero Tolerance Law violations for three years from the date of the finding or until the violator turns 21 years of age, whichever is longer.

If the adult offense occurs within this three year window, the prior Zero Tolerance Law violation is treated as a prior conviction for Driving While Ability Impaired by Alcohol solely for the purpose of determining the length of any driver’s license revocation or suspension.

This means that if the driver is convicted as an adult of Driving While Ability Impaired by Alcohol, his or her driver’s license will be revoked for at least six months instead of suspended for 90 days as would normally be the case for a first time offender convicted of Driving While Ability Impaired by Alcohol.

If you have been arrested for drinking and driving and have prior DWI offenses, you need an experienced DWI lawyer. Please call us at 585-484-7432.