Understanding New York’s Zero Tolerance Law for Underage Drinking and Driving
Think you can have “just one drink” and still drive legally if you’re under 21? Think again. New York State has one of the toughest stances in the country when it comes to underage drinking and driving — and it’s called the Zero Tolerance Law.
If you’re under 21 and behind the wheel, the rules are simple: no alcohol in your system — at all. Here’s what you need to know so you don’t get caught out, lose your licence, or worse.
What Is the Zero Tolerance Law?
New York’s Zero Tolerance Law makes it illegal for any driver under 21 to operate a motor vehicle with a blood alcohol content (BAC) of 0.02% to 0.07%. That’s not a typo — even a tiny amount of alcohol can put you over.
This isn’t about whether you're drunk — it's about whether any alcohol is in your system. If you're underage, it’s zero room for error.
What Happens If You’re Caught?
If you get stopped and your BAC is between 0.02% and 0.07%, here’s what you’re looking at:
License suspension for 6 months
$125 civil penalty, plus
$100 licence reinstatement fee
Possible enrollment in the Drinking Driver Program (DDP)
Driver Responsibility Assessment of $250/year for 3 years
That’s if it’s your first time. Do it again, and the penalties go way up — not to mention possible criminal charges.
And if your BAC is 0.08% or higher? You're no longer in Zero Tolerance territory — you’re in full DWI trouble, just like any adult. That means revocation, fines, maybe even jail.
Why So Strict?
Let’s be blunt — underage drinking and driving is a killer. Statistically, young drivers already face the highest crash risk. Add alcohol, and the numbers get scary fast.
That’s why New York draws a hard line. It’s not about ruining your fun — it’s about saving lives.
What About Refusing a Breath Test?
Not a smart move. If you refuse chemical testing under Zero Tolerance, you’ll face:
License revocation for at least 1 year
A minimum $400 fine
Up to $750 if it’s a repeat offence
The DMV can take action even if the criminal courts don’t. So if you think saying "no thanks" to the test gets you off the hook — think again.
How to Stay Safe and Stay Legal
If you’re driving, don’t drink. Period.
Make a plan before you go out — get a ride, call a cab, or use a rideshare app
If someone’s been drinking, don’t get in the car with them — it’s not worth it
Know your rights, but don’t push your luck. A polite attitude goes a long way
Learn This Stuff Now — Not the Hard Way
Part of earning your licence is knowing what’s legal, what’s risky, and what’s just plain dumb behind the wheel. That’s why our 5-Hour Online Pre-Licensing Course includes full lessons on impaired driving, BAC levels, and NY traffic law.
If you haven’t taken the course yet, sign up here and start learning before you're on the road.
Ready to Get Started?
Start your 5-hour course online today with an approved DMV provider. What if your road test could be just weeks away—and all that’s standing between you and the open road is five hours of online learning?