roadwise.Open study app

New York driving lesson · Alcohol and Other Drugs

Chemical tests, Zero Tolerance & open containers

A 3-minute lesson from the New York course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol and Other Drugs
Checkpoint questions
6
Source pages
21, 23, 56, 57

By driving in New York you have already agreed to a chemical test if you're arrested. Refusing doesn't help: refusal carries its own revocation and civil penalty. Drivers under 21 face a Zero Tolerance law that punishes even small amounts of alcohol.

Implied Consent

New York law: by driving in the state you are considered to have consented to a chemical test of breath, blood, urine or saliva if arrested for an alcohol or drug violation.

Handbook p. 56 ↗

Know the rule

Refusal is a separate issue from guilt. If you refuse after arrest, your license is suspended when you're arraigned, and the refusal can be brought up at your trial.

Handbook p. 56 ↗

Know the rule

If a DMV hearing confirms you refused the test, your license is revoked even if you are found not guilty of the alcohol or drug charge.

Handbook p. 56 ↗

Refusal consequences (drivers over 21)

Refusal consequences (drivers over 21)
RefusalMin. revocationCivil penalty
First refusal1 year$500 ($550 commercial vehicle)
Within 5 years of a prior refusal or alcohol/drug case18 months$750
Handbook p. 21 ↗

Know the rule

The legal age to buy and possess alcohol in New York is 21. Under Zero Tolerance, it's a violation for anyone under 21 to drive with any measurable BAC (.02 to .07).

Handbook p. 57 ↗
.02

A BAC that could come from only one drink

Handbook p. 21 ↗

Zero Tolerance penalties (under 21)

Zero Tolerance penalties (under 21)
ViolationResult
First (found at a DMV hearing)6-month suspension
To get relicensed$100 termination fee + $125 civil penalty
Second violationRevoked 1 year or until 21, whichever is longer
Zero Tolerance test refusalRevoked at least 1 year
Handbook p. 57 ↗

Know the rule

Using a driver license or non-driver ID as proof of age to illegally buy alcohol requires suspension of your license or of your privilege to apply for one.

Handbook p. 57 ↗

Know the rule

Open container law: drinking alcohol, having an open container of alcohol, or consuming marijuana/cannabis in a vehicle on a public highway, street or road is a traffic infraction for drivers and passengers alike.

Handbook p. 57 ↗

Know the rule

First open container conviction: fine up to $150, a mandatory surcharge, a crime victim assistance fee and possibly 15 days in jail. More offenses within 18 months bring higher penalties.

Handbook p. 57 ↗

Know the rule

Passengers in stretch limousines and other vehicles with a commerce certificate or permit from the U.S. or NYS Department of Transportation are exempt from the open container law.

Handbook p. 57 ↗

Put it into practice

You're 19 and had one beer at a barbecue two hours ago. Stopped at a checkpoint, you test at .03. That's a Zero Tolerance violation: a six-month suspension, then $225 in fees and penalties to get relicensed.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

Under New York's Implied Consent law, what have you already agreed to by driving in the state?
  1. Nothing; consent is given at arrest
  2. To take a chemical test if arrested
  3. To automatically plead guilty if tested
  4. To a search of your vehicle

Answer: To take a chemical test if arrested

Under Implied Consent, driving in New York means you've already agreed to take a chemical test if arrested.

Handbook p. 56 ↗
A driver under 21 has a BAC of .04 percent. What Zero Tolerance penalty applies?
  1. No penalty, since .04 is below the DWAI threshold
  2. A 1-year revocation
  3. A criminal DWI charge only
  4. A 6-month license suspension

Answer: A 6-month license suspension

Under Zero Tolerance, a driver under 21 with a measurable BAC from .02 to .07 faces a 6-month suspension.

Handbook p. 57 ↗
A driver under 21 commits a second Zero Tolerance violation. What is the penalty?
  1. 1 year or to age 21, if longer
  2. A second 6-month suspension
  3. A flat $500 fine only
  4. No additional penalty beyond the first

Answer: 1 year or to age 21, if longer

A second Zero Tolerance violation results in revocation for 1 year or until the driver turns 21, whichever is longer.

Handbook p. 57 ↗
If a driver is later found not guilty of DWI, does refusing the chemical test still cause a revocation?
  1. No, an acquittal cancels any refusal penalty
  2. Yes, refusal revocation still applies
  3. No, refusal only matters if convicted
  4. Yes, but only for drivers under 21

Answer: Yes, refusal revocation still applies

If a DMV hearing confirms you refused the test, your license is revoked even if you're found not guilty of the DWI charge.

Handbook p. 56 ↗
What are the fees required to be re-licensed after a Zero Tolerance suspension?
  1. A $50 fee only
  2. A $500 civil penalty only
  3. $100 fee and $125 penalty
  4. No fees, only a waiting period

Answer: $100 fee and $125 penalty

After a Zero Tolerance suspension, the driver must pay a $100 suspension termination fee and a $125 civil penalty.

Handbook p. 57 ↗
What is the penalty range for a first open container law conviction?
  1. A fine up to $1,000, no jail time possible
  2. A flat $50 fine only
  3. Automatic license revocation, no fine
  4. Up to $150 and up to 15 days' jail

Answer: Up to $150 and up to 15 days' jail

A first open container conviction carries a fine up to $150 and possible imprisonment of up to 15 days.

Handbook p. 57 ↗
Take the lesson checkpoint in the app

More in Alcohol and Other Drugs