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Underage DWI
Lawyer
Established Underage DWI Attorney in New York
Immediate & Future Consequences of Underage Drinking & Driving
You might think that if you’ve only had one drink or if you’re driving safely, that being pulled over and charged with a DWI is not going to be a big deal. Unfortunately, that is simply not true. As an underage individual, you will face significant prosecution that aims to penalize you to the full extent of the law.Besides facing legal penalties such as fines or license suspension, you could also face:
- Limited employment options with a criminal record
- Limited housing opportunities
- Strained personal or professional relationships
- Difficulty getting accepted into various academic programs or scholarships
Regardless of the circumstances surrounding your charges, a mark on your record can severely limit the opportunities you are able to take advantage of.
Frequently Asked Questions About Underage DWI in New York
What are the penalties for underage drinking and driving in New York?
Under New York’s Zero Tolerance Law, a driver under 21 with a BAC of 0.02% to 0.07% faces a six-month license suspension, a $125 civil penalty and a $100 fee to get the license back. That case is handled at a DMV hearing, not in criminal court. A lawyer can challenge the stop and the test at that hearing.
What happens if a driver under 21 has a BAC of 0.08% or higher?
It’s charged as a regular DWI in criminal court, and drivers under 21 face a license revocation of at least one year. Fines run from $500 to $1,000 for a first offense, and a conviction stays on your record. Treat it like any adult criminal case and get a lawyer before arraignment.
What happens if a driver under 21 refuses a breath test?
Refusing a chemical test in a Zero Tolerance stop leads to a license revocation of at least one year and a $300 civil penalty. The refusal is decided at a separate DMV hearing, so show up prepared and with a lawyer.
Can an underage DWI affect college or a future career?
It can. Many college applications and professional license forms ask about criminal convictions, and a DWI conviction stays on your record. A Zero Tolerance finding is a DMV matter, not a criminal conviction, which is one reason fighting to keep the case at that level matters.
Can a teenager get youthful offender status for a DWI in New York?
Drivers who were 16, 17 or 18 at the time may be eligible for youthful offender (YO) status, which replaces the conviction with a sealed finding. The judge decides whether to grant it, and the license penalties still apply. Your lawyer should build a record that supports YO from the first court date.
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