VTL § 1192-a – Under 21 Zero Tolerance Law

New York enforces a strict Zero Tolerance Law for drivers under the age of 21. Under VTL § 1192-a, a motorist under 21 can be charged for operating a vehicle with a Blood Alcohol Content (BAC) of just .02% to .07%. Even though these levels are below the standard .08% DWI threshold for adults, the law sets a much lower limit for young drivers to discourage underage drinking and driving. The penalties for a Zero Tolerance violation may include a license suspension, fines, and mandatory alcohol education. The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL § 1192-a.

The Benjamin Goldman Law Office is available to assist motorists under 21 facing Zero Tolerance charges anywhere in New York. Whether your case is in Buffalo in Western New York, Rochester or Syracuse in Central New York, Albany in the Capital Region, Plattsburgh in the North Country, Binghamton in the Southern Tier, Nassau or Suffolk on Long Island, or Manhattan in New York City, our firm can review the charge and explain your legal options. We provide legal representation for any traffic charge, all across New York. Consultations are always free.

VTL § 1192-a – Under 21 Zero Tolerance Law

A finding of responsibility under VTL § 1192-a does not carry the same penalties as a standard DWI, but the consequences are still significant. A first offense typically leads to a six-month license suspension, a $125 civil penalty, and a $100 license reinstatement fee. Repeat violations can result in a license revocation of at least one year or until the driver turns 21, whichever is longer. These sanctions, combined with the lasting impact on insurance premiums and driving history, make it important for young drivers to take a Zero Tolerance charge seriously.

• Civil Penalty: $125 (first offense)
• License: 6-month suspension (first offense)
• Reinstatement Fee: $100 to restore driving privileges
• No Jail: Zero Tolerance is a civil violation, not a crime

A finding of responsibility under VTL § 1192-a can have lasting effects on a young driver’s future. Even though Zero Tolerance is a civil violation and not a crime, the resulting license suspension, civil penalties, and insurance consequences can significantly disrupt school, work, and personal responsibilities. Because these consequences extend beyond the immediate suspension, it is essential to consult with an experienced attorney before deciding how to proceed with your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1192-A Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se

§ 1192-a. No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol as defined in this section. For purposes of this section, a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood, as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. Any person who operates a motor vehicle in violation of this section, and who is not charged with a violation of any subdivision of section eleven hundred ninety-two of this article arising out of the same incident shall be referred to the department for action in accordance with the provisions of section eleven hundred ninety-four-a of this article. Except as otherwise provided in subdivision five of section eleven hundred ninety-two of this article, this section shall not apply to a person who operates a commercial motor vehicle. Notwithstanding any provision of law to the contrary, a finding that a person under the age of twenty-one operated a motor vehicle after having consumed alcohol in violation of this section is not a judgment of conviction for a crime or any other offense.

How to Fight a Zero Tolernace charge in NY (VTL § 1192(A))

Being charged under New York’s Zero Tolerance Law is a serious matter for young drivers. While it is a civil violation rather than a criminal offense, the penalties—including license suspension, civil fines, and insurance consequences—can create lasting setbacks. Entering a Not Guilty plea is not a statement of innocence or an admission of guilt; it is the legal step that allows the case to be reviewed at a DMV hearing. This process gives the motorist the opportunity to challenge the evidence and present a defense.

The outcome of a Zero Tolerance case often depends on the details. Factors such as the accuracy of the breath test, the lawfulness of the traffic stop, or whether proper procedures were followed can influence whether the case is sustained, reduced, or even dismissed. Because the consequences extend beyond the immediate penalties, it is important to have experienced legal representation to carefully review the circumstances of the charge and fight for the best possible result.

An experienced DWI attorney can provide essential guidance when facing charges under VTL § 1192(A). Legal counsel can review the details of your arrest, challenge the basis of the stop or test results, and identify possible defenses. An attorney can also negotiate with prosecutors to seek a reduction in charges or a more favorable outcome, which may help protect both your record and your livelihood as a professional driver.

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