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Page 1 of 4 AARP Driver Safety Smart Driver™ Course State-Specific Information D20708 – May 2024 NEW YORK SMART DRIVER™ COURSE STATE-SPECIFIC INFORMATION: NEW YORK UNIT 2 – How Do We Navigate Changes? Driving While Impaired - Participant Guidebook Page 14 • Drivers will be automatically considered under the influence if they have a BAC of .08 or more. However, you can still be convicted of a DUI if your BAC is below this level, if there is sufficient evidence that your driving was impaired. • Drivers shall not operate a motor vehicle while under the influence of any intoxicating drug. • New York State has a "zero tolerance" law for drivers 21 and under. The legal BAC limit for drivers younger than 21 is .02. • After a finding of violation is determined at a DMV hearing, the driver's license will be suspended for six months. The driver will then have to pay a suspension termination fee and a civil penalty to be re-licensed. For a second Zero Tolerance violation, the driver's license will be revoked for at least one year or until the driver reaches age 21, whichever is longer. • Under New York's "Implied Consent" law, drivers consent to chemical tests of their blood, breath, or urine if arrested for driving under the influence when they operate a motor vehicle. • Under "Leandra's Law", first-time offenders driving while intoxicated or impaired by drugs with a child less than 16 years old in the vehicle may be charged with a class E felony, punishable by up to four years in New York State prison. Courts must order all drivers convicted of driving while intoxicated or aggravated driving while intoxicated to install and maintain an ignition interlock on any vehicle owned and operated by such driver for at least 12 months. Drivers who drive while intoxicated or impaired by drugs and cause the death of a child less than 16 years of age in the vehicle may be charged with a Class B felony, punishable by up to 25 years in New York State prison. Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child less than 16 years of age in the vehicle may be charged with a Class C felony, punishable by up to 15 years in New York State prison. UNIT 3 – Are We Ready to Drive? Child Safety Seats - Participant Guidebook Page 37 • Children under the age of 2 must be secured in a rear-facing child restraint system. • Children under the age of 4 but more than 40 pounds must be restrained in a child restraint system installed with a lap-shoulder belt. • Children who are under the age of 8 must be restrained in the appropriate child safety seat. • New York is a "primary enforcement" state. A law enforcement officer can pull over a motorist and issue a traffic ticket for failure to wear a seat belt. • In the front seat, the driver and each passenger must wear a seat belt, one person per belt. The driver and front-seat passengers 16 or older can be fined if they fail to buckle up. • The driver must make sure that all passengers under 16 are in the appropriate safety restraints. The driver will be fined and receive three points on his driver license for each violation.