New York Underage DWI and DUI Defense
A DWI conviction can have a serious impact on the life of a minor. A motorist under the age of 21 in New York who is found with anything over .02 blood alcohol content is in violation of New York's Zero Tolerance Law.
At Silver, Forrester & Lesser, P.C., we will fight hard to minimize or avoid the penalties resulting from an underage DWI conviction. We have over 45 years of experience defending against all types of drunk driving charges, and we can help you.
Contact us at 845.764.4757 or toll free at 866.687.1338 to schedule an attorney consultation in the Catskills Region of New York.
Zero Tolerance Law
New York has a zero tolerance law which applies to drivers under the age of 21. A minor can be cited for driving after having consumed alcohol if he or she is operating a vehicle with blood alcohol content (BAC) above .02 but less than .07. Other charges include:
- Driving while ability impaired by alcohol (DWAI) - BAC above .05 but less than .08
- Driving while intoxicated (DWI) or Driving Under the Inflence (DUI) - BAC above .08
If you are pulled over for suspicion of drunk driving, a police officer will administer a breathalyzer test to determine your BAC. If you refuse a screening test prior to an arrest, you may be issued a ticket and, if you are convicted, be fined for your refusal. If you refuse to take a chemical test (breath, blood, urine or saliva test) after an arrest, you will receive an automatic license suspension at your arraignment. At that point, the judge will schedule a "refusal hearing" with the Department of Motor Vehicles. If that hearing concludes that you did, in fact, refuse to take a chemical test as requested by a member of law enforcement, then your license must be revoked for a minimum of one year.
Underage Drinking and Driving: Penalties
The penalties assigned to a minor who has been drinking and driving vary depending on blood alcohol content:
- BAC above .02 but less than .08 - Loss of license for 6 months for a first offense, or loss of license for 1 year for a second offense. Various civil penalties may be assigned, including installation of an ignition interlock device (IID). Insurance ramifications will result.
- BAC above .08 - Will be prosecuted as DWI. Penalties include a mandatory court appearance, large fines, prison time, and license revocation.
At Silver, Forrester & Lesser, P.C., we have successfully handled numerous underage DWI cases. If you have had your license revoked, we can help you seek a conditional license to help you get to work or school. Otherwise, we will help you minimize the impact an underage DWI has on your life. We take your drunk driving case as seriously as you do.
Contact Silver, Forrester & Lesser, P.C.
For help fighting your underage DWI charges, contact a lawyer in New Windsor at 845.764.4757 or toll free at 866.687.1338.
