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DUI: Zero Tolerance Laws

 
Legal Topics > Criminal Law and Police > Automobile > Drunk Driving DUI/DWI

What Are Zero Tolerance Laws?

Zero Tolerance laws ensure that any underage driver found with a Blood Alcohol Concentration (BAC) level over 0.00 will be found guilty of impaired driving and face serious penalties.

What Penalties Are Imposed upon Underage Drivers?

Not every state has adopted Zero Tolerance laws, but every state does impose stricter penalties on underage drivers who have consumed alcohol. As in all alcohol-related vehicle stops, a suspected drunk driver will suffer administrative penalties separate from any criminal penalties imposed if the driver is convicted of drunk driving (DUI / DWI). There is no guarantee that a revoked license will be re-instated.

The actual penalties imposed will vary from state to state: 

  • California
    • Administrative Penalties
      If you refuse to take a chemical test, or if your BAC is higher than 0.00%, your license will be suspended for 1 year
    • Criminal Penalties
      If you are convicted of DUI:
      • You may receive jail time and have to pay a fine
      • Your license will be revoked for one year or until you are 18, whichever is longer
      • The court may take away your vehicle for up to six months, and you will have to pay storage fees
  • Florida
    • Administrative Penalties
      • If you refuse to take a chemical test, your license will be suspended for at least 1 year
      • If your BAC level is 0.02% or higher, your license will be suspended for at least 6 months
      • If your BAC level is 0.05% or higher, your license will be suspended until you complete a substance abuse evaluation and course
    • Criminal Penalties
      If you are convicted of DUI:
      • You may receive jail time and have to pay a fine
      • Your license will be revoked for a minimum of 6 months
      • You must attend DUI school and, if necessary, undergo treatment
  • Illinois
    • Administrative Penalties
      • If you refuse to take a chemical test, your license will be revoked for at least 6 months
      • If your BAC level is higher than 0.00%, your license will be revoked for at least 3 months
    • Criminal Penalties
      If you are convicted of DUI:
      • You may receive jail time and have to pay a fine
      • Your license will be revoked for a minimum of 2 years
  • New York
    • Administrative Penalties
      • If you refuse to take a chemical test, your license will be revoked for at least 1 year
      • If you have a BAC level of 0.02% or higher, your license will be suspended for 6 months, you will have to pay a $125 civil penalty, and you will have to pay a $100 license re-application fee
    • Criminal Penalties
      If you are convicted of DWI:
      • You may receive jail time and have to pay a fine
      • Your license will be revoked for a minimum of 1 year
  • Texas
    • Administrative Penalties
      • If you refuse to take a chemical test, your license will be suspended for at least 6 months
      • If you have a BAC level higher than 0.00%, your license will be suspended for at least 2 months
    • Criminal Penalties
      If you are convicted of a DWI:
      • If you are under 21: 
        • You must pay a fine and perform community service
        • You will have to attend alcohol-awareness classes
        • Your license will be suspended for 2 months
      • If you are under 18: 
        • You will spend 72 hours to 180 days in jail and pay a fine
        • You must perform community service and attend alcohol-awareness classes
        • Your license will be suspended for at least 3 months

What Should I Do if I Am Arrested for Drunk Driving DUI/DWI?

If you are arrested for Drunk Driving DUI /DWI, you should speak to an experienced criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system.

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Related Articles:
•  DUI Drivers License Suspension
•  DUI Basics
•  Drunk Driving Charges
•  State DUI Penalties
•  DUI Defenses
•  DUI Arrest Lawyers
Related Forums:
•  Criminal Law Forum
Related Blogs:
•  Criminal Law Blog
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