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Under New
York's Zero Tolerance Law, section 1192-a of the VTL, a motorist
under 21 years of age face mandatory periods of suspension if
they are found operating a motor vehicle with a blood alcohol
content of .02 or more. (See 1192-a)
Under Section 1192-a of the New York Vehicle and Traffic
Law, a motorist under 21 years of age, who after a DMV hearing
has been found to have operate a motor vehicle with a .02 or
more blood alcohol content as shown by chemical analysis, now
faces a mandatory suspension or revocation of their driver's
license and privileges.
The motorist faces a fine of $125.00 for the first offense and a
6 month suspension of their license. Where the motorist has had
a prior conviction within any subdivision of Article 1192, or
has previously been found to have violated 1192-a, the
motorist's license will be revoked for a period of one year or
until the motorist reaches 21, whichever is greater.
However, the motorist, if otherwise eligible, can obtain a
conditional license during this period of suspension provided
that the motorist enters and successfully completes the Drinking
Driving Program. Upon the successful completion of the DDP, the
motorist will be eligible to apply for the termination of the
suspension and restoration of their full driving privileges.
Significantly, at the time the motorist reaches 21 any reference
to the suspension as related to alcohol will be removed from his
driving record and his court records will be sealed.
In those cases where an underage motorist is found to have
refused to submit to the chemical test but is not charged with
Driving While Impaired or Driving While Intoxicated said
motorist can not qualify for a conditional license and will have
to wait out the minimum one year revocation before reapplying
for relicensure.
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