New York Underage DWI Laws

Understanding Underage DWI Laws in New York: BAC Thresholds and Consequences

Adults who are at least 21 years of age face serious criminal penalties – such as license suspension, fines, and even jail time – if they are convicted of DWI in New York. But what about underage drivers? Do the same laws apply? New York has an underage per se law regarding drunk driving. While the legal limit for an adult who is 21 or older is a blood alcohol content (BAC) of at least .08 percent, the legal limit for underage drivers is a BAC of at least .02 percent. However, an underage per se DWI is not considered a crime – unlike a regular DWI, which is a misdemeanor offense.

A violation of New York’s underage DWI law will be handled in the Department of Motor Vehicles (DMV), rather than a criminal court.If the DMV commissioner finds an underage driver guilty of violating the state’s underage per se law, the person will be subject to driver’s license suspension for six months and a civil fine of up to $125. If an underage driver participates in an “Impaired Driver Program,” he/she is eligible for a conditional license.However, if an underage driver’s BAC was at least .08 percent at the time of the arrest, he/she will be charged with a DWI like an adult.

A DWI conviction carries a maximum jail sentence of one year, a fine not exceeding $1,000, and driver’s license suspension for up to one year – rather than six months for adult drivers.If you or a loved one has been charged with an underage DWI or a regular DWI in Albany, let O’Brien & Eggleston PLLC help you get the best possible results in your case. With more than 25 years of combined experience, our legal team has represented clients in both criminal and DMV hearings related to drunk driving and understands what it takes to either reduce the charges/penalties you face or get your dismissed altogether.Contact us today at 518-391-2369 and request a free initial consultation.

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Understanding Underage DWI Laws in New York: BAC Thresholds and Consequences

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"Adam Eggleston has made my situation as stress-free as possible."

"The team fought for me!"

"Adam took my case and immediately alleviated the fears associated with my case."

"They leave no stone unturned and they have a good rapport with the judges and individuals involved."

"Adam took my case and immediately alleviated the fears associated with my case."

"Thank you for listening and helping me through some pretty rough times."

"I felt like I gained not only a great lawyer but a friend. Amazing!!!!"

"Drafted a concise strategy to win the outcome that I was hoping for."

"He approaches each case with unmatched devotion that you will not regret."

"Kevin was a positive influence throughout a very difficult time in my life."

"Adam’s the best of the best and I recommend him 100%!"

"He did not give up, or accept any reduced charges"

"Mr. Eggleston is a pleasure to speak with and provides results quickly and efficiently."

"Kevin was great from start to finish!"

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