close search ×

Consequences of an Underage DWI in New York

If you are under the legal drinking age and are caught driving while intoxicated, you may face serious consequences. New York is a zero-tolerance state. If you have a blood alcohol content of .02% or higher, you may be charged with a DWI. If you are facing DWI charges as an underage individual, it is essential that you reach out to an experienced criminal defense attorney. Give our firm a call today to discuss our services and learn how we can assist your legal situation. Do not hesitate to contact us to schedule your initial consultation. Our firm will fight for your rights in court.

What are the potential consequences of an underage DWI in New York state?

Driving drunk is not taken lightly in the state of New York. This is especially true if you are under the drinking age of 21. You may face harsher penalties than someone who faces DWI charges who is of age. If you have a blood alcohol content of .02% or higher while behind the wheel, you may face the following penalties:

  • Ignition interlock device installation and associated costs
  • Enrollment in the New York Drinking Driver Program and associated costs
  • Suspended license for 6 months
  • $125 civil penalty
  • $100 fee for suspension termination

An underage individual who refused to submit to a chemical test may face the following penalties that may be further compounded:

  • Revoked license for at least one year
  • $300 civil penalty
  • $250 annual assessment fine for 3 years
  • $100 fee to reinstate your license

Defenses Against DWI Charges

If you are facing DWI charges, it is essential that you reach out to an experienced criminal defense attorney who will work to disprove your charges. Your attorney will assess the circumstances of your arrest to uncover if law enforcement made a mistake during your arrest or if there were any other factors that may make evidence against you inadmissible. The most common defenses against DWI charges including the following:

  • Unlawful stopping by law enforcement
  • Improper administering of a Field Sobriety Test
    • The officer failed to demonstrate the test
    • The officer failed to explain all the instructions
    • The officer failed to inform you that you were allowed to remove high heels during the test
    • You have a health issue that prevents you from being able to take a breath test


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

Our Recent Blogs
Read More Blogs
Website Designed & Managed by