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A blood alcohol content of 0.08 percent or greater is generally grounds for a Driving While Intoxicated charge in the state of New York. However, according to YPDcrime.com, that is not the case if the driver is under the legal age for drinking. When a driver is underage, which is anything younger than 21 years old, New York’s Zero Tolerance Law kicks in. Under this law, driving with a BAC between the levels of 0.02 percent and 0.07 percent can also constitute a violation, and DWI charges may be brought. The penalties that accompany the Zero Tolerance Law are different from those who are over 21. According to DMV.org, a first-time offender can receive a six-month driver’s license suspension, a civil penalty of $125 and a fee of $100 to end the suspension. The offender may also be required to enroll in a drinking and driving program as well as have an ignition interlock device installed in the ignition. A second offense can result in the driver’s license being revoked for a full year, or until the driver turns 21. Another civil penalty of $125 and the termination fee of $100 may also be charged. This violation can also include enrollment in the driving program and installation of the ignition interlock device if it is not already present. New York has an Implied Consent Law, which means drivers must submit to testing if stopped by a police officer. If the minor has refused this step, chemical test refusal penalties can also be given in addition to the zero tolerance penalties. This can result in additional fines and fees as well as a lengthier suspension of the driver’s license.

The summer season may have come to a close last week, but sunny, warm weather has certainly prevailed in New York. With this warm weather naturally comes the desire to set off on one of the state’s many beautiful lakes. Boating is a popular sport in New York and in most parts of the country, but what happens when the fun turns to more serious matters? Operating a boat while intoxicated comes with dire consequences, but knowing the legal details and the state’s say on the issue can help one better understand the topic as a whole. Democrat and Chronicle released an article last year stating that alcohol-related boating accidents in certain areas of New York have been on the rise. Yet according to an update in state law, prior drunken driving arrests could potentially make matters worse for those caught operating a boat while under the influence of alcohol. A bill that took effect in November 2016 allowed judges to look more closely into the background of those arrested for driving while under the influence; many lawmakers considered this update a long-awaited closing of a loophole in the law. The law itself was inspired by the death of a young woman who was killed by a drunk driver of a boat. For further clarification, the Democrat and Chronicle adds that if one should face a boat-related drunk driving conviction, judges may also consider his or her convictions of the last 5 years. One might assume that 2016’s stricter boating law would result in an overall reduction in arrests. However, The Daily Gazette confirmed earlier this month that certain areas of New York have seen an increase in the number of boating-related drunk driving arrests. This increased awareness since the bill’s passing may not have been incentive to practice safer driving habits while on the water, but the stricter enforcement that followed the bill allowed for more arrests for driving a boat while intoxicated. Lake George, the area that has seen a particular increase in arrests, now houses a number of night patrol officers who keep a close eye on drivers. Many officials credit this night patrol for the recent increase in DWI arrests.