Driving While Intoxicated (DWI) is a grave offense in New York State, carrying substantial consequences for all individuals who engage in this dangerous behavior, regardless of age. However, it’s crucial to understand that New York law specifically outlines different penalties for motorists under 21. The state recognizes the particular vulnerability of younger individuals and aims to deter underage drinking and driving. To understand these unique underage DWI penalties in New York and why seeking our determined Suffolk County DWI Lawyers’ help is essential during this challenging time, please read on. 

What is the Zero Tolerance Policy in New York?

Like many states, New York enforces a “Zero Tolerance” law concerning motorists under 21 who have consumed alcohol. Since individuals under this age cannot legally drink, operating a vehicle with any detectable amount of alcohol in their system is illegal. Specifically, it’s unlawful for those under 21 to drive with a blood alcohol concentration (BAC) between 0.02% and 0.07%. This is much lower than the legal limit for adults, which is typically 0.08%. You should note that even if a driver seems to be driving safely, under the Zero Tolerance Law, police are not required to demonstrate impaired driving.

An underage DWI conviction can significantly hinder future prospects. Consequently, anyone facing such charges should seek advice from a knowledgeable lawyer to fully understand their rights and available legal options.

What Are the Penalties for a DWI Under 21?

If you are convicted of a first-offense DWI in New York while under 21, you may face the following penalties:

  • A six-month driver’s license suspension
  • A $125 civil penalty
  • A $100 fee for suspension termination
  • Mandatory enrollment in the New York Impaired Driver Program (IDP) with associated costs
  • Installation of an ignition interlock device (IID) with associated costs

Refusing to submit to a chemical or blood test under New York’s Zero-Tolerance Law can lead to enhanced penalties:

  • A driver’s licence revocation for up to one year
  • A $300 civil penalty
  • A $100 reinstatement fee for your driver’s license
  • A $250 annual assessment fine for three years

If your BAC is 0.08% or higher, you will be charged with a standard DWI as an adult, resulting in more severe penalties:

  • Driver’s licence revocation for six months
  • Fines of up to $1,000
  • Jail time up to one year
  • Mandatory enrollment in New York’s IDP with associated costs
  • Community service
  • Probation

If you are facing an underage DUI charge, it’s imperative to seek legal representation immediately. The experienced lawyers at Castro & Trodden, LLC, can provide invaluable guidance and fight for the best possible outcome in your case. Contact our firm today to understand how we can help you navigate this challenging situation.