Zero Tolerance Law: Breaking It Has Severe Consequences

Zero-tolerance laws are strict rules with harsh consequences for all offenders, usually without exception. They are common in both formal and informal policing systems around the world and are studied in criminology. These laws require the mandatory enforcement of any violations, regardless of severity, intent, or extenuating circumstances. In the context of underage drinking and driving, zero-tolerance laws mean that it is a criminal DUI offense for any motorist under the legal drinking age to have any alcohol in their system. The penalties for violating these laws can include fines, license suspension, and mandatory attendance at substance abuse treatment or classes.

Suspension of driving privileges

In Florida, for instance, the zero-tolerance policy is outlined in Florida Statute 322.2616, which mandates an automatic six-month suspension of driving privileges for drivers under 21 who are stopped by law enforcement and have a blood alcohol level of 0.02% or higher. This threshold is significantly lower than the standard limit of 0.08% for drivers above the legal drinking age. The law also stipulates that refusing to submit to a breathalyzer test will result in a one-year suspension.

The state of Texas has a similar zero-tolerance law, where drivers under 21 who violate the law will lose their license for a period ranging from 60 to 180 days for a first offense, 120 days to 2 years for a second offense, and 180 days to 2 years for a third offense. Texas law allows individuals to request a driver's license suspension hearing to present their case for why they should not lose their license.

California's zero-tolerance law, implemented in 1994, mandates a one-year suspension for drivers under 21 with a BAC of 0.01% or more or for those who refuse or fail to complete a preliminary alcohol screening test. This suspension is independent of any criminal penalties imposed for a DUI conviction. Due process is allowed, with a 30-day temporary license provided to give drivers time to challenge the suspension through administrative review.

In Illinois, the zero-tolerance law specifies that a driver under 21 will face a three-month suspension for a first offense and a one-year suspension for a second offense. The penalties are harsher if the minor driver refuses to submit to a chemical test, with a six-month suspension for first-time violators and a two-year suspension for second-time offenders.

These zero-tolerance laws highlight the strict approach taken by various states to address the issue of underage drinking and driving, with the aim of reducing accidents and fatalities on the road. The penalties imposed can have significant impacts on young individuals, affecting their driving privileges, future opportunities, and insurance rates.

Fines and other financial penalties

Zero-tolerance laws impose strict rules with harsh consequences for all offenders, regardless of the severity, intent, or circumstances of the violation. These laws are often applied to underage drinking and driving, drug use, and other areas of law enforcement. Here are some details about fines and other financial penalties associated with breaking zero-tolerance laws:

Under zero-tolerance laws, individuals under the age of 21 who are caught driving with any amount of alcohol in their system face significant legal consequences, including fines and financial penalties. The specific penalties vary depending on the jurisdiction, but some common financial penalties include:

• License suspension: For a first-time offence, an underage driver may have their license suspended for three months. Second-time offenders may face a longer suspension period, such as one year. Refusing to submit to a chemical test can result in an even longer suspension, such as six months for a first offence.
• Fines: Violators of zero-tolerance laws may be subject to monetary fines. For example, in New York, a first offence can result in a civil penalty of $125, while subsequent offences can lead to more severe fines.
• Fees: In addition to fines, there may be various fees associated with reinstating a suspended license. For instance, in New York, there is a $100 suspension termination fee.
• Increased insurance premiums: A violation of a zero-tolerance law can lead to long-term financial consequences, such as increased insurance premiums.
• Restricted driving permits: In some cases, underage drivers may be eligible for a restricted driving permit, which allows them to drive for specific purposes like school or medical appointments. Obtaining this permit may come with additional costs.
• Substance abuse treatment: A conviction for underage drinking and driving may require attendance at substance abuse treatment or classes, which can incur significant costs.
• Ignition interlock device: An ignition interlock device (IID) may be required to be installed in the vehicle of a convicted underage driver. This device prevents the vehicle from being started if the driver has consumed alcohol. The installation and maintenance of an IID can be expensive.

The financial penalties for breaking zero-tolerance laws can be significant, and they are designed to deter individuals from engaging in illegal behaviour, such as underage drinking and driving. These laws vary by state and jurisdiction, so it is important to be aware of the specific laws and penalties in your area.

Installation of an ignition interlock device

An ignition interlock device (IID) is a breathalyzer installed in your vehicle that requires you to provide a breath sample before the engine will start. If the IID detects alcohol on your breath, the engine will not start. The device is wired to your vehicle's ignition and is about the size of a cell phone.

Installation Process

The installation process typically takes about an hour and involves two parts: the handheld device with a mouthpiece and the Electronic Control Unit (ECU). The ECU is wired into the vehicle's starter, while the handheld device is connected to the ECU. Some companies may solder all wiring connections to prevent issues with voltage drops and intermittent connections.

Calibration and Training

After installation, the technician will calibrate the device for each user. This involves providing breath samples until an accurate sample is obtained. The user will also receive training on how to use the device, including how to interpret screen messages and sounds. An owner's manual is typically provided, along with troubleshooting tips and information on avoiding program violations.

Maintenance Appointments

Maintenance appointments are usually required every month and take around 20 minutes. During these appointments, the device is recalibrated if needed, and data is retrieved for monitoring agencies.

Installation Locations and Costs

Installation must be performed by a certified installer at a service center. The cost of installation varies but typically ranges from \$70 to \$150 in the US. The costs of installation, maintenance, and calibration are generally paid by the offender.

Jail time

Zero-tolerance laws impose strict rules with harsh consequences for all offenders, regardless of the severity, intent, or extenuating circumstances of the violation. These laws are common in both formal and informal policing systems around the world and are particularly prevalent in schools and communities.

In the context of drunk driving, zero-tolerance laws set a lower blood alcohol content (BAC) threshold for drivers under the legal drinking age, which is typically 21 years old. In the United States, the legal limit for drivers 21 and older is a BAC of 0.08%. However, for drivers under 21, the prohibited BAC level varies across states, ranging from 0.00% to 0.02%.

The consequences of violating zero-tolerance laws related to drunk driving can include jail time, particularly for underage drivers with a BAC of 0.08% or higher. Here are some specific examples of how jail time may be imposed as a penalty:

Illinois Zero Tolerance Law

In Illinois, a driver under 21 who consumes any amount of alcohol can be cited for violating the zero-tolerance law. A first-time offender will have their driving privileges suspended for three months, while a second-time offender will face a one-year suspension. If an underage driver refuses to submit to a chemical test and is convicted of driving under the influence, the suspension period can be even longer, ranging from six months for first-time violators to two years for second-time offenders.

North Carolina "Zero Tolerance" Policy

In North Carolina, the "Zero Tolerance" policy imposes harsh penalties on young drivers under 21 who operate a motor vehicle while intoxicated. A driver under 21 charged with driving while impaired (DWI) can have their license immediately revoked for up to a year before the trial even begins. If convicted, they may face up to 60 days of community punishment or jail time, in addition to fines of up to $1,000.

Other US States

Across the United States, an underage DUI conviction is automatic when a person under 21 has any detectable amount of alcohol in their BAC. This can lead to jail time of up to a year, in addition to other penalties such as substance abuse treatment or classes, and the installation of an ignition interlock device. The specific consequences vary from state to state, but the presence of zero-tolerance laws means that any amount of alcohol in an underage driver's system will result in harsh penalties.

Mandatory attendance at substance abuse treatment or classes

Zero-tolerance laws are strict rules with severe consequences for all offenders, usually without exception. They are common in both formal and informal policing systems around the world and are often related to the relationship between drinking and driving. These laws require mandatory enforcement of any violations, regardless of severity, intent or extenuating circumstances.

In the United States, zero-tolerance laws mean it is a criminal DUI (Driving Under Influence) offense for any motorist under the legal drinking age to have any alcohol in their system. An underage DUI conviction is automatic when a person under 21 has detectable amounts of alcohol in their BAC (Blood Alcohol Concentration). This can show on a person’s criminal record and can have long-standing implications, especially for young drivers, when it comes to car insurance coverage, employment background checks and more.

A conviction for underage DUI can result in mandatory attendance at substance abuse treatment or classes. Other consequences of breaking the zero-tolerance law include jail time of up to a year, installation of an ignition interlock device, and suspension of driving privileges.

Frequently asked questions