New York, NY – New York DWI lawyer Rachel Kugel of Kugel Law Firm (https://thekugellawfirm.com/ny-vehicle-and-traffic-law-1194-a-under-21-driver-fails-breath-test/) is helping drivers under the age of 21 and their families understand the serious consequences of underage drinking and driving under New York’s Zero Tolerance Law. When a driver under 21 registers a blood alcohol concentration (BAC) between 0.02% and 0.07%, they may face penalties under Vehicle and Traffic Law (VTL) § 1194-A — a section that lays out the administrative process for such violations.
New York DWI lawyer Rachel Kugel explains that VTL § 1194-A does not treat these violations as crimes, but that doesn’t make them minor. “The hearing process is complex,” Kugel notes, “and a skilled attorney can help explain the differences between administrative penalties and what type of crime a DWI is in New York.” As a New York DWI lawyer, Kugel emphasizes the importance of understanding these nuances, especially for young drivers at risk of losing their licenses.
At the center of VTL § 1194-A is the administrative hearing process conducted by the New York State Department of Motor Vehicles (DMV). Unlike criminal cases where license suspension often occurs immediately after arraignment, under VTL § 1194-A, the license is not automatically suspended before the hearing date. This distinction is key for drivers facing a Zero Tolerance violation, and Rachel Kugel, a dedicated New York DWI lawyer, advises families to act quickly to prepare for these hearings.
The law is specific in what must happen once a breath test shows a BAC between 0.02% and 0.07% in an underage driver. A police officer may not make a criminal arrest if the BAC is in this range and there are no other signs of impairment. Instead, the officer files a Chemical Test Report, which initiates the DMV hearing process. The hearing must take place within 30 days, and only after that can a license suspension or revocation be decided.
One important safeguard built into the statute is VTL § 1194-a(1)(b), which states that a license “shall not be suspended or revoked prior to the scheduled date for such hearing,” unless there are delays or missed appearances. This protects the driver’s license from being immediately revoked and gives them a chance to present a defense.
Rachel Kugel emphasizes that this administrative process, while not criminal, is still serious. “The DMV hearing is not a formality,” she explains. “The burden is entirely on the officer to prove every element by clear and convincing evidence.” If the officer cannot prove all six required points — including that the driver operated the vehicle, the test was valid, and the stop was lawful — the hearing officer must dismiss the case and restore the license.
The hearing gives drivers the right to be represented by an attorney, to present evidence, cross-examine the officer, and remain silent. If the officer fails to appear or cannot meet the legal standard, the case can be dismissed. According to Kugel, a properly handled defense focused on procedural details can make all the difference.
Rachel Kugel explains the distinction between failing a breath test and refusing one. A BAC in the 0.02% to 0.07% range results in a six-month suspension and fines, while refusing the test altogether triggers a full license revocation for one year and higher penalties. The consequences become harsher with each additional violation, including license revocations lasting until the driver turns 21 and penalties as high as $750 for repeated refusals.
For cases where BAC levels rise above 0.07%, the law changes. Between 0.05% and 0.07%, police may charge the driver with Driving While Ability Impaired (DWAI), a traffic infraction processed in criminal court. Once the BAC reaches 0.08% or higher, it becomes a misdemeanor DWI offense. Underage drivers face even stricter administrative penalties than adults convicted of the same crimes.
Though VTL § 1194-A cases are administrative, they carry lasting consequences, including fines, license restrictions, and increased insurance costs. Rachel Kugel notes that because the rules of evidence are more relaxed in administrative hearings, written reports and documents not allowed in criminal court may be considered. Still, a strong defense can successfully challenge the process.
A key advantage for drivers is the right to cross-examine the officer. This right can be used to expose inconsistencies or errors in the officer’s report or testimony. Rachel Kugel believes that exercising this right is one of the most effective strategies in defending a VTL § 1194-A case.
Understanding the differences between administrative and criminal proceedings is vital. Rachel Kugel helps her clients navigate these distinctions and prepares them for the potential outcomes, whether the charge remains within the DMV’s jurisdiction or escalates to a criminal case. Her goal is always to protect the driver’s rights and minimize the long-term consequences of a Zero Tolerance violation.
Young drivers and their families may not realize the long-term impact of even a single Zero Tolerance violation. Administrative penalties can influence future licensing, job opportunities, and insurance rates. With the DMV hearings focused strictly on procedure and evidence, the outcome often depends on preparation and knowledge of the law.
Those charged under VTL § 1194-A can take proactive steps by seeking legal guidance right away. Rachel Kugel and Kugel Law Firm are committed to helping underage drivers face these administrative hearings with clarity and purpose. Legal representation can ensure that all rights are protected and that no step in the process is overlooked.
About Kugel Law Firm:
Kugel Law Firm, led by New York DWI lawyer Rachel Kugel, focuses on defending individuals charged with DWI and related driving offenses across New York. With over 20 years of legal practice, Rachel Kugel provides legal representation tailored to the needs of each client, including those affected by New York’s Zero Tolerance Law. Her firm offers straightforward legal guidance, flat-fee services, and dedicated advocacy to protect clients’ rights and driving records. Contact (212) 372-7218 to schedule a consultation.
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