No matter how old you are, driving while intoxicated is a serious offense in New York. However, different laws apply to people younger than 21.
New York has a “Zero Tolerance” law, which makes it illegal for drivers younger than 21 to operate a vehicle with a blood-alcohol concentration of 0.02 percent or higher. The BAC maximum is 0.02 percent rather than 0 percent because some families allow their children to drink for religious purposes, and some mouthwashes and cough syrups contain alcohol.
If you or your child is facing DWI charges in New York, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a DWI lawyer in White Plains who will evaluate your case, structure your defense and aggressively represent your interests. Call 914-772-8614 today to schedule a consultation.
Read on to learn more about New York’s Zero Tolerance law:
Types of DWI Charges for Underage Drivers in New York
The charges that an underage driver faces depend on his or her blood-alcohol concentration and the facts surrounding the arrest. According to the Governor’s Traffic Safety Committee, if there are no aggravating circumstances, such as injuries or deaths as a result of the intoxicated driving, then possible charges include:
- Driving after Having Consumed Alcohol: The offender’s BAC was between 0.02 percent and 0.07 percent. This charge falls under New York’s Zero Tolerance law.
- Driving while Ability Impaired by Alcohol (DWAI): The offender’s BAC was more than 0.05 percent but less than 0.08 percent.
- Driving while Intoxicated: The offender’s BAC was 0.08 percent or higher.
Driving after Having Consumed Alcohol
If you face charges for driving after having consumed alcohol, then you will likely have to attend a DMV administrative hearing. The officer must prove:
- You were operating the vehicle;
- You were younger than 21 at the time of the arrest;
- He or she made a valid request to submit a chemical test, such as a breathalyzer;
- He or she administered the chemical test properly;
- The test showed that your BAC was 0.02 percent or higher;
- And the stop was lawful.
You should consult a DWI lawyer before your administrative hearing. You will have an opportunity to provide a defense.
Although this is a serious violation, offenders cannot go to jail for driving after having consumed alcohol. However, your license will be suspended for six months, and you will have to pay a $125 civil penalty. You will also have to pay a $100 fee for the license reinstatement.
The charge will stay on your record until you are 21 years old or for three years – whichever is longer. If this is not your first offense, then your driver’s license will be revoked until you turn 21 or for one year – whichever is longer.
All DWI charges are serious, but even if you failed the breathalyzer, there may be a defense that works in your favor. Darren DeUrso, Attorney at Law is ready to represent your interests.
Mr. DeUrso is a White Plains criminal attorney who has been in practice for more than 25 years. Schedule a consultation today by calling 914-772-8614.