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Traffic Violations

The state of New York does not tolerate drunk driving from any motorist. Adults over 21 can have a blood alcohol content of 0.08 percent. But for minors, nearly any detectable BAC is a crime under the Zero Tolerance policy. You are allowed 0.02 percent to account for substances like mouth wash and cough syrup, as well as small amounts of alcohol from religious functions.

If you test for a higher BAC level than that from a Breathalyzer test, you face a court date. A BAC between 0.02 and 0.07 leads to an administrative hearing. Anything above that lands you in criminal court. In addition, depending on how you were driving, a BAC between 0.05 and 0.08 could also lead to a criminal trial.

In an administrative hearing, you are allowed to provide evidence and witnesses to prove you should not be penalized. The judge will take all evidence into consideration and make a ruling. If you are found guilty, you will not face a criminal charge. But, you will lose your license for at least six months and have a fine of $125. In addition, you will have to pay $100 for a license reinstatement.

Of course, if you go to criminal court and are found guilty, it does become an official crime. You could face fines, jail time and other punishments, the same way an adult age 21 or over would.

If you are a minor and are facing an underage drunk charge of any sort, having an experienced traffic violation attorney on your side may be beneficial. They may be able to help fight the courts on your behalf.

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