What Happens If I Get a DWI While Under 21 in New York?

DWI (Driving While Intoxicated) is a serious crime that can lead to devastating accidents and losses. The legal drinking age is 21, but according to studies, more than 8% of all DWI arrests in New York are of drivers under the minimum age. Underage drunk driving is extremely dangerous and can lead to a variety of consequences and legal repercussions. If you were pulled over for a DWI and are under the age of 21, it is imperative that you fully comprehend your legal rights and options. Continue reading and discuss your case with a New City DWI defense attorney for skilled representation and legal advice.

What Are New York’s Underage Drunk Driving Law?

New York state imposes stringent drunk driving laws, especially for drivers under the legal drinking age. The federal Zero Tolerance Bill has caused many states to enforce their own zero-tolerance laws, which New York participates in. Under this law, enshrined in VCL 1192-a, it is unlawful for a person under the age of 21 to drive with any measurable blood alcohol content (BAC) between .02% and .07%.

Although .08% is the legal limit, it does not apply to individuals under the age of 21 as they are not legally permitted to consume any amount of alcohol. Even if the driver is not technically intoxicated or showing signs of impairment, if their BAC reads .02% or above, they are considered in violation of the zero tolerance law. The driver will receive penalties but is not technically charged with a standard DWI.

If an underage driver has a BAC of .08% or greater, however, they can be charged with a regular DWI which will yield greater penalties.

What Happens If I Get a DWI While Under 21 in NY?

If you get a DWI while under the age of 21, you can incur a variety of penalties and legal repercussions. You will be subject to the consequences associated with the state’s Zero Tolerance law which can include the following.

• $125 civil penalty
• 6-month license suspension
• $100 fee to terminate suspension

A second infraction related to this law can result in a license revocation for one year or until you reach the age of 21.

If you have a BAC of .08% or greater, you can be subject to the penalties of a standard DWI which can include the following for a first offense.

• Fines of up to $1,000
• Up to 1 year in jail
• License revocation of at least 6 months
• Drug or alcohol education program
• Community service
• Probation

Depending on the details of your DWI you could face the above repercussions and more. Understanding your legal options and the potential consequences of your actions is important, especially when you are consuming alcohol illegally. Work with a skilled attorney for legal advice and representation.