New York Underage DWI Lawyers

Can You Go to Jail for a DWI If You Are Under 21?

In New York, people can face criminal penalties even if they are below the legal drinking age of 21. Just like with adult DWIs, it is illegal for a person to drive while under the influence of drugs or alcohol. You will be charged with an underage DWI if you have a blood alcohol content (BAC) over 0.02%. In comparison, an adult can be charged with a DWI if their BAC is above the legal limit of 0.08%.

An underage DWI could lead to permanent criminal records, fines, and jail time. These penalties only scratch the surface of potential lifelong repercussions. You also face severe driving consequences such as losing your driving privileges and skyrocketing auto insurance rates. Furthermore, your academic and professional opportunities could be heavily impacted.

If you have been charged with underage DWI in New York, speak with our team. Dial (888) 779-0267 or contact us online today to find out how we can help you.

Underage DWI Laws in New York

In New York, underage DWI (Driving While Intoxicated) laws are strict due to the state's "Zero Tolerance Law," which targets drivers under 21 years old who operate a vehicle with a Blood Alcohol Concentration (BAC) between 0.02% and 0.07%.

Penalties for a First Offense:

• A civil fine of up to $125.
• A six-month suspension of the driver's license.
• A $100 fee to reinstate the license.
• Mandatory participation in the New York Drinking Driver Program (DDP) and associated costs.

DWAI and DWI Offenses for Minors

If a minor is found to have a higher BAC or is charged with other related offenses, more severe penalties may apply.

• DWAI (Driving While Ability Impaired) by Alcohol:

  • BAC: 0.05% to 0.07%.
  • Penalties:
    • A fine of $300 to $500.
    • Up to 15 days in jail.
    • A 90-day license suspension.

• DWI (Driving While Intoxicated):

  • BAC: 0.08% or higher.
  • Penalties for a First Offense:
    • A fine between $500 and $1,000.
    • Up to 1 year in jail.
    • License revocation for at least 1 year.
    • Possible installation of an ignition interlock device.

A DWI or DWAI conviction can lead to increased insurance premiums or policy cancellations. A conviction also stays on your criminal record and may affect future employment and educational opportunities.

Why Choose Us?

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand that an underage DWI charge in New York can be overwhelming, especially with the severe consequences involved. Our experienced attorneys are dedicated to providing comprehensive legal support to protect your future and minimize the impact of such charges.

Here's how we can help:

• Analyzing the Case: We thoroughly review the details of your arrest, including the traffic stop, field sobriety tests, and breathalyzer results. If law enforcement did not follow proper procedures, we may be able to challenge the validity of the evidence, potentially leading to a dismissal or reduction of charges.
• Navigating the Legal System: Dealing with an underage DWI charge involves navigating complex legal processes, from court appearances to DMV hearings. Our team will guide you through every step, ensuring you understand your rights and options. We handle all the legal paperwork and deadlines, so you don't have to worry about procedural missteps.
• Challenging the Charges: We work to identify any weaknesses in the prosecution’s case. Whether it's questioning the accuracy of the BAC test or the legality of the traffic stop, our attorneys are skilled at building strong defenses. In some cases, we may be able to get the charges reduced to a less serious offense, such as a traffic violation or DWAI (Driving While Ability Impaired).
• Seeking Alternative Outcomes: For underage clients, keeping your criminal record clean is crucial. We explore alternative options, such as requesting enrollment in diversion programs or plea deals that focus on rehabilitation rather than punishment. These programs can help avoid a conviction and minimize penalties, such as license suspension or fines.
• Protecting Your Future: A DWI conviction can affect your education, job prospects, and even your insurance rates. We fight to mitigate the long-term consequences of an underage DWI charge, aiming to protect your future and keep your record as clear as possible.

Our firm is committed to providing aggressive and compassionate representation to help you navigate this challenging time. Our goal is to secure the best possible outcome for your case and help you move forward.

Contact us today at (888) 779-0267 for a free initial consultation.