New York's Zero Tolerance Law

The "Zero Tolerance" law applies to drivers who are under 21-years-old and who have been found to have been driving with a BAC of .02% or more but no more than .07%.

Even though the law is called "zero tolerance," the minimum BAC is .02 and not 0. This is because the law takes into account that some cough syrups and mouthwashes contain a small amount of alcohol. In addition, some families may permit those under the age of 21 to consume a small amount of alcohol as part of a religious function or during a family function. The Legislature decided to set the standard at .02% in order to address only those under the age of 21 who had willfully consumed alcohol and then drove.