New York DMV Permit Written TestAlcohol and Drug LawsMedium

A motorist, age 20, is pulled over by law enforcement in New York State and registers a Blood Alcohol Content (BAC) of 0.02%. Under which New York State law would this driver be charged?

  1. AZero Tolerance Law
  2. BDriving While Intoxicated (DWI)
  3. CAggravated Driving While Intoxicated (Agg-DWI)
  4. DDriving While Ability Impaired (DWAI)
Show answer & explanation

Correct answer: A. Zero Tolerance Law

New York's Zero Tolerance Law applies to drivers under 21. It prohibits them from driving with any measurable amount of alcohol, specifically a BAC of 0.02% or higher, which would result in charges under this law, not DWI or DWAI.

Why the other options are wrong

  • B. DWI typically applies to BACs of 0.08% or higher for drivers 21 and older.
  • C. Agg-DWI applies to BACs of 0.18% or higher, or other aggravating factors, for drivers 21 and older.
  • D. DWAI applies to BACs between 0.05% and 0.07% for drivers 21 and older, or can be charged based on impairment for any age.

Zero Tolerance Law (NY)

New York's Zero Tolerance Law prohibits drivers under the age of 21 from operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.02% or greater.

  • Applies to drivers under 21 years old.
  • BAC of 0.02% or higher triggers the law.
  • Results in license suspension/revocation for at least 1 year.
  • Separate from DWI/DWAI charges, but can lead to them if BAC is higher.

Memory trick: For young drivers, zero tolerance is the golden rule, even a sip can make you a fool.

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