New York has a zero-tolerance policy for underage drunk driving. It is not legal for someone to purchase alcohol until they are 21, and the blood alcohol concentration (BAC) limits are much stricter than for adults. That said, violations in New York are still considered civil offenses, not criminal ones, and cases are processed through the New York Department of Motor Vehicles. With over thirty years of experience, a New City DWI defense attorney will be there for you if a minor in your family is facing a DWI charge, so don’t hesitate to call us now.
New York imposes specific and heavy penalties for underage drunk driving. First of all, before we even get to the charges that involve alcohol consumption, driving with alcohol located in the vehicle is grounds for a civil offense of unlawful possession of alcohol.
Adults are allowed to have a BAC of up to 0.08%, known as the legal limit. However, a police officer can charge a driver below the legal limit with a DWAI (driving while ability impaired), if the officer determines that they are unable to safely operate a vehicle. By contrast, however, any minor found driving with any BAC (between 0.02% and 0.07%) can face serious penalties under New York’s Zero Tolerance Policy.
New York, like many states, has what’s known as the Zero Tolerance Policy. Essentially, because minors are prohibited from consuming alcohol, an underage driver with a BAC as low as 0.02% can face a violation. As such, if you are found with a BAC between 0.02% and 0.05%, you will face a Zero Tolerance Policy violation, which is a civil offense. As such, you can face the following penalties:
Should a minor’s BAC be between 0.05% and 0.07%, police will be able to charge them with a DWAI, with the increased penalties that follow adult crimes. This includes:
If the minor has a BAC above 0.08%, the penalties continue to multiply. Instead of a DWAI, the underage driver may be charged with DWI, ultimately facing the same penalties an adult charged with a DWI would face. This includes:
By operating a motor vehicle on New York roads, you must abide by New York’s Implied Consent law. Essentially, this means that a driver must submit to chemical testing (most often, a breathalyzer test) when requested to do so by a police officer if the officer has probable cause of a DWI offense.
If you do not consent to the chemical testing, you will face the following penalties:
It is critical to understand that the penalties will apply even if you are not convicted of a DWI or DWAI.
While there are a number of civil and criminal penalties an underage driver found operating a vehicle under the influence can face, there are additional consequences that must be considered. These include:
Though these charges may seem indefensible because of the strict Zero Tolerance Policy, working with an experienced Rockland County criminal defense attorney can help you if you are facing charges for underage drunk driving.
While the course of action your attorney takes will depend on the unique circumstances of your case, you’ll find that some of the most common defenses for this offense include:
If you or your child has been charged with an underage DWI in New York, early legal intervention is critical to the fight for the best possible outcome. That is why working with Kevin T. Conway, Esq. is in your best interest. Our team will examine all potential avenues because we understand how detrimental these charges can be. When you need help, do not hesitate to contact our firm today to learn more.
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