Driving While Intoxicated (DWI) is a serious offense in New York. Regardless of your age, you can face a multitude of harsh penalties for drunk driving. However, if you are under 21 and have a BAC of 0.02% or greater, you will violate New York’s Zero Tolerance Policy which carries a different set of penalties than a standard DWI. Please continue reading as we explore what you should know about these matters and why connecting with a Garden City, NY First Offense DUI/DWI Attorney is in your best interest during these difficult times.
What Are New York’s Underage Drunk Driving Laws?
Like most states, New York upholds a stringent stance against drunk driving, especially for motorists who are under the legal drinking age of 21. In line with the federal Zero Tolerance Bill, New York has enacted its own Zero-Tolerance policy, codified as Vehicle and Traffic Law Section 1192-a. It’s important to understand that this law establishes that it is illegal for persons under the age of 21 to operate a motor vehicle with any detectable amount of drugs or alcohol in their system.
While the legal limit is usually 0.08% for those who are 21 years of age and older, does not apply to individuals under the age of 21 as they are not legally permitted to purchase or consume any amount of alcohol. Even if a motorist is not showing signs of impairment, if their blood alcohol concentration (BAC) level is 0.02% or higher, they are considered in violation of New York’s Zero-Tolerance Law. You should note that if an underage motorist has a BAC of 0.08% or greater, they can be charged as an adult, which will yield harsher penalties.
What Are the Penalties for a DWI Under 21?
In New York, those under the age of 21 can be subjected to the following consequences per the state’s Zero Tolerance Law for a first-offense DWI:
- A driver’s license suspension for up to six months
- A $125 civil penalty
- A $100 fee for suspension termination
- Enrollment in the New York Drinking Driver Program (DDP) and associated costs
- Ignition interlock device installation and associated costs
If you have violated New York’s Zero-Tolerance Law by refusing to submit to a chemical test for the first time, you could be subjected to further penalties:
- A revoked driver’s license for at least one year
- A $300 civil penalty
- A $100 fee to reinstate your driver’s license
- A $250 annual assessment fine for three years
If you have a BAC of 0.08% or greater while under 21, you can face the penalties of a standard DWI, which includes:
- Community service
- Probation
- A revoked driver’s license for at least six months
- Fines of up to $1,000
- Up to one year in jail
- Enrollment in the New York Drinking Driver Program (DDP) and associated costs
At KCS Law, we are prepared to help you understand your rights and options. If you are facing an underage DWI, please don’t hesitate to contact our legal team to learn how we can fight for you. Connect with our firm today for advice and skilled representation.
