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What to Know About the Consequences of Underage DWIs in NY

If you are facing underage DWI charges in New York, it is important to understand the potential consequences you may face. In an attempt to cut down on drunk driving incidents in New York, the law does not take underage DWI charges lightly. To learn more about these penalties, continue reading.

If you require assistance with your upcoming case, look no further than our experienced criminal defense attorney. To discover more about our services and how we can fight for your rights in court, give Kevin T. Conway, Esq. a call today.

What are the potential consequences of an underage DUI in NY?

If you are under the drinking age of 21 in New York and are caught driving drunk, you can expect to face severe consequences. You will likely face harsher penalties than someone facing DWI charges who is of age.

When an underage individual is pulled over with a blood alcohol content of .02% or higher, they 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

If an underage individual refuses to submit to a chemical test they 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

What are the potential defenses used against underage DWI charges in New York?

It is important that you retain the services of a knowledgeable criminal defense attorney who has experience handling underage DWI cases such as yours. Your attorney will assess the circumstances of your arrest to uncover if law enforcement made a mistake during your arrest. They will also assess the circumstances to learn if there were any other factors that may make evidence against you inadmissible.

The potential defenses against DWI charges that your attorney will explore on your behalf include 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.

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