Two Beers, Cold Medicine, and a Checkpoint at 1 A.M.
You are 20 years old, weigh 135 pounds, and drove to a friend's party. Between 10:00 and 11:30 p.m. you drank two 12-ounce beers. At 9:00 p.m. you had taken a 10 mg cetirizine tablet for allergies; the label warns that it may cause drowsiness. You feel fine, but your eyes are dry and you have yawned three times in the last 10 minutes. At 1:00 a.m. you drive home. A sobriety checkpoint stops you. An officer smells alcohol, sees your eyes are glassy, and asks you to step out. You admit the two beers. You are asked to take a breath test. You have a clean record and hold a New York junior license. What should you have done, and what happens now?
1. Evaluate the decision to drive at 1 a.m. Consider alcohol, cetirizine, fatigue, and age.
Read the worked answer
The decision was unsafe. At 135 pounds, two 12-ounce beers over 90 minutes could put BAC roughly in the 0.03-0.05 range, and for a driver under 21 the legal threshold is 0.02, not 0.08. Cetirizine is a sedating antihistamine even when it does not feel sedating, and the dry eyes and repeated yawning are warning signs. At 1 a.m., fatigue adds to the impairment. The safe plan was to stay over, call a sober ride, or use public transportation. Feeling fine is not evidence of being fit to drive.
2. Explain the legal categories and likely consequences you now face.
Read the worked answer
Because you are under 21, a breath test of 0.02 to 0.07 supports a zero-tolerance violation, with license suspension and other penalties. A result of 0.08 or higher supports DWI. For a driver 21 or older, 0.05 to 0.07 supports DWAI, 0.08 supports DWI, and 0.18 supports aggravated DWI. The cetirizine can also support a DWAI-drugs or combined-influence charge even if alcohol alone is below 0.08. The officer already has observations: odor, glassy eyes, and your admission. Consequences can include license action, fines, and possible jail, plus insurance costs.
3. What should you know about the breath test request?
Read the worked answer
New York's implied-consent law means that by driving you have already consented to a chemical test when an officer has reasonable grounds. Refusing the test is not a free pass: it triggers automatic license sanctions, a civil penalty, and the refusal can be used in court. The test result and the refusal are separate issues. The exam point is not to coach a suspect but to show that refusal does not avoid consequences. Cooperate, do not drive impaired in the first place, and arrange a sober ride before drinking or taking sedating medicine.