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When it comes to Zero Tolerance Law – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Zero Tolerance Law charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Zero Tolerance Law Charges in New York State: Strategies and Considerations

Zero Tolerance Law charges in New York State (NYS) are related to the operation of a motor vehicle by individuals under the legal drinking age, specifically those under 21 years old. This law is designed to deter underage drinking and driving by imposing strict penalties on those who violate it. It stipulates that individuals under 21 who operate a vehicle with any measurable amount of alcohol in their system can face legal consequences.

Under the Zero Tolerance Law, drivers under 21 are subject to a lower threshold for blood alcohol concentration (BAC) than the legal limit for adults. While the legal limit for adults is typically 0.08% BAC, individuals under 21 can be charged if their BAC is 0.02% or higher. This stringent requirement reflects the state’s commitment to preventing underage drinking and driving.

The penalties for Zero Tolerance Law charges in NYS can include fines, license suspension, and the mandatory attendance of a Drinking Driver Program. This program is aimed at educating young drivers about the dangers of drinking and driving. The goal of the law is not only to penalize underage drinking and driving but also to educate young drivers about the consequences of their actions and encourage responsible behavior on the road.

It’s important for both young drivers and their parents or guardians to be aware of the Zero Tolerance Law and its potential consequences, as violating this law can have a lasting impact on a young person’s driving record and future opportunities. Understanding and adhering to the law is essential to maintaining road safety and preventing the negative outcomes associated with underage drinking and driving.

Penalties for a Zero Tolerance Law Charge in New York State

The Zero Tolerance Law in New York State (NYS) imposes strict penalties on individuals under the legal drinking age (those under 21) who operate a motor vehicle with any measurable amount of alcohol in their system. Here are the penalties in detail for Zero Tolerance Law charges in NYS:

  1. Administrative Penalties:
    • License Suspension: A first offense typically results in a six-month license suspension. If a second offense occurs within 10 years, the suspension is for one year. If you refuse a chemical test, you face a one-year suspension for a first offense and an 18-month suspension for a second offense within 10 years.
  2. Criminal Penalties:
    • Fines: A first offense can result in a fine of up to $125. A second offense within 10 years can lead to a fine of up to $350.
    • Mandatory Drinking Driver Program: Convicted individuals are required to attend and complete the New York State Drinking Driver Program, which includes educational courses about the dangers of drinking and driving.
  3. Ignition Interlock Device (IID):
    • If you are convicted of a Zero Tolerance Law violation, you may be required to install an ignition interlock device on your vehicle, even for a first offense. This device measures your BAC before allowing the vehicle to start.
  4. Zero Tolerance Law on Your Record:
    • A Zero Tolerance Law violation remains on your driving record for three years. If you commit another alcohol-related violation within those three years, it can lead to enhanced penalties and consequences.
  5. Potential Criminal Record:
    • While Zero Tolerance Law violations are not considered criminal offenses, they can result in a record that may have consequences for future educational and employment opportunities.

It’s crucial to understand that the Zero Tolerance Law is enforced strictly in NYS, and the consequences of violations can have a significant impact on a young person’s driving privileges and future.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any Zero Tolerance Law defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: Zero Tolerance Law cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Zero Tolerance Law cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their Zero Tolerance Law charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Zero Tolerance Law statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: Zero Tolerance Law convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Zero Tolerance Law charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Zero Tolerance Law charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

The Zero Tolerance Law makes it illegal for individuals under 21 to operate a motor vehicle with any measurable amount of alcohol in their system.
The BAC limit is 0.02%, which is significantly lower than the 0.08% limit for adults.
Penalties can include a six-month license suspension, fines up to $125, mandatory participation in the Drinking Driver Program, and the possibility of an ignition interlock device.
Yes, a second offense within 10 years typically results in a one-year license suspension, fines up to $350, and mandatory participation in the Drinking Driver Program.
Refusing a chemical test can result in a one-year license suspension for a first offense and an 18-month suspension for a second offense within 10 years.
While these violations are not criminal offenses, they can appear on your driving record and have consequences for future educational and employment opportunities.
Yes, even for a first offense, you may be required to install an IID, which measures your BAC before allowing your vehicle to start.

A Zero Tolerance Law violation remains on your driving record for three years.

You can challenge the violation through legal proceedings, but it’s advisable to consult with an attorney to explore your options.

Understanding the law and its penalties is essential to preventing underage drinking and driving, protecting young drivers’ future opportunities, and ensuring road safety for all.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Zero Tolerance Law in New York State.

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We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.

Proven team that provides results through advocacy.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

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Our results speak for themselves.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Clients speak for our work.
Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
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