{"id":547079,"date":"2026-08-26T20:30:27","date_gmt":"2026-08-26T20:30:27","guid":{"rendered":"https:\/\/www.newjerseyheadlines.com\/news\/story\/547079\/long-island-dwi-defense-attorney-jason-bassett-outlines-penalties-and-hearing-rights-under-ny-zero-tolerance-law-for-underage-drivers.html"},"modified":"2026-08-26T20:30:27","modified_gmt":"2026-08-26T20:30:27","slug":"long-island-dwi-defense-attorney-jason-bassett-outlines-penalties-and-hearing-rights-under-ny-zero-tolerance-law-for-underage-drivers","status":"publish","type":"post","link":"https:\/\/www.newjerseyheadlines.com\/news\/story\/547079\/long-island-dwi-defense-attorney-jason-bassett-outlines-penalties-and-hearing-rights-under-ny-zero-tolerance-law-for-underage-drivers.html","title":{"rendered":"Long Island DWI Defense Attorney Jason Bassett Outlines Penalties and Hearing Rights Under NY Zero Tolerance Law for Underage Drivers"},"content":{"rendered":"
\"Long<\/a><\/div>\n

CENTRAL ISLIP, NY – August 26, 2026 –<\/strong> Young drivers in Suffolk County can face a DMV license suspension for a blood alcohol content as low as .02 under New York’s Zero Tolerance Law, a lower threshold than the .08 standard applied to adult drivers, with penalties that carry real consequences even though the matter is handled administratively rather than through criminal court. Long Island DWI defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https:\/\/jbassettlaw.com\/practice-items\/dwi-and-dui-defense\/zero-tolerance-under-21\/<\/a>) outlines how New York’s Zero Tolerance Law works, what penalties underage drivers face, and what rights they have at the DMV administrative hearing.<\/p>\n

According to Long Island DWI defense attorney Jason Bassett, New York’s Zero Tolerance Law under VTL § 1192-a makes it unlawful for any driver under 21 to operate a motor vehicle with a BAC between .02 and .07, and violations are handled through the DMV’s administrative hearing system rather than criminal court when no separate VTL § 1192 charge is filed from the same incident. A first violation carries a $125 civil penalty and a $100 fee to terminate the suspension, with the driver’s license suspended for six months. A second violation results in a one-year revocation or revocation until the driver turns 21, whichever is longer, and unlike a suspension, a revocation requires the driver to formally reapply for a new license before regaining driving privileges. “On Long Island, where public transportation options are limited, losing a license is not a minor inconvenience,” Bassett explains.<\/p>\n

Long Island DWI defense attorney Jason Bassett notes that underage drivers who refuse a chemical test face a separate and more severe set of DMV penalties on top of any Zero Tolerance finding. A first Zero Tolerance chemical test refusal carries a $300 civil penalty, a $100 re-application fee, and license revocation for at least one year, while a second or subsequent refusal increases the civil penalty to $750. Refusal penalties are treated as a distinct DMV issue with their own hearing, and refusing a chemical test frequently results in harsher consequences than the underlying Zero Tolerance charge would have produced.<\/p>\n

Attorney Bassett emphasizes that the DMV administrative hearing under VTL § 1194-a is limited to six specific issues, including whether the officer made a lawful stop, whether the chemical test was properly administered, and whether the test showed a BAC within the Zero Tolerance range. The standard of proof requires the officer to establish each issue by clear and convincing evidence, giving defense counsel a meaningful opportunity to challenge the stop, the testing procedure, calibration records, and any gaps in the hearing record. The driver has the right to be present, have an attorney, review discovery materials, cross-examine witnesses, and appeal an adverse determination.<\/p>\n

Several common mistakes can significantly worsen an underage driver’s situation after a Zero Tolerance stop. Missing the DMV hearing can result in suspension of driving privileges until the driver petitions for a rescheduled hearing, and assuming the matter is trivial because it is civil rather than criminal can lead to avoidable license consequences. Failing to understand the chemical test refusal penalties, attempting to handle the hearing without legal representation, and waiting too long to contact a defense attorney are among the most consequential errors young drivers and their families make.<\/p>\n

“A Zero Tolerance charge can be challenged,” Bassett advises, “and defense strategies based on an unlawful traffic stop, improper testing procedures, or evidentiary gaps in the DMV record can be raised at the hearing.” Issues such as improper device calibration, an officer’s failure to observe the required 15-minute pre-test observation period, or procedural deficiencies in the hearing notice all represent potential grounds for contesting the charge. The Law Offices of Jason Bassett, P.C. represents underage drivers at DMV hearings across Suffolk County, including Central Islip, Hauppauge, Islip, Smithtown, Huntington, Babylon, Riverhead, and surrounding communities.<\/p>\n

For underage drivers cited under New York’s Zero Tolerance Law on Long Island, obtaining legal representation before the DMV hearing can make a meaningful difference in the outcome and in protecting the young driver’s license and record.<\/p>\n

About Law Offices of Jason Bassett, P.C.:<\/strong><\/p>\n

Law Offices of Jason Bassett, P.C. is a Central Islip-based criminal defense firm representing underage drivers facing Zero Tolerance charges and related DWI matters throughout Suffolk County and Nassau County. Led by attorney Jason Bassett, a member of the National College for DUI Defense with over 21 years of legal experience, the firm handles DMV hearings, license defense, and DWI proceedings across Long Island. For consultations, call (631) 259-6060.<\/p>\n

Embeds:<\/p>\n

Youtube Video: https:\/\/www.youtube.com\/watch?v=84NbH7xSKPM<\/a><\/p>\n

GMB: https:\/\/www.google.com\/maps?cid=695024758410642184<\/a><\/p>\n

Email and website<\/p>\n

Email: bassettlaw@live.com<\/p>\n

Website: https:\/\/jbassettlaw.com\/<\/p>\n

Media Contact<\/span>
Company Name:<\/strong> Law Offices of Jason Bassett, P.C.<\/a>
Contact Person:<\/strong> Jason Bassett
Email:<\/strong> Send Email<\/a>
Phone:<\/strong> (631) 259-6060
Address:<\/strong>320 Carleton Ave # 4200
City:<\/strong> Central Islip
State:<\/strong> New York 11722
Country:<\/strong> United States
Website:<\/strong> https:\/\/jbassettlaw.com\/<\/a><\/p>\n

\"\"<\/p>\n","protected":false},"excerpt":{"rendered":"

CENTRAL ISLIP, NY – August 26, 2026 – Young drivers in Suffolk County can face a DMV license suspension for a blood alcohol content as low as .02 under New<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/posts\/547079"}],"collection":[{"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/comments?post=547079"}],"version-history":[{"count":0,"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/posts\/547079\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/media?parent=547079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/categories?post=547079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newjerseyheadlines.com\/news\/wp-json\/wp\/v2\/tags?post=547079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}