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.

Related Links:

Latest Blog Posts

June 27, 2024

Can I Be Charged with Hurting My Passenger During a DWI Crash in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that if a passenger is injured as a result of a Driving While Intoxicated (DWI) crash in New York,...

June 20, 2024

Can Self-Defense Claims Be Used as Defense for Murder Charges in New York?

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC know that asserting self-defense claims when charged with murder in New York is meant to justify the individual’s actions as...

June 13, 2024

Do Gang-Related Charges Enhance Criminal Penalties in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that in New York, gang-related activities such as assault, robbery, extortion, and drug, human, and gun trafficking carry significant...

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

Adam Eggleston has made my situation as stress-free as possible. He kept good contact and kept my best interest at heart. I highly recommend him if you need a criminal lawyer.

"The team fought for me!"

When I first met with Kevin he laid everything out like it was going to be or could end up being. Getting my 3rd drinking and driving offense made me feel like my life was over, but he assured me that he and his team would fight for me (Taylor and...

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

Adam took my case and immediately alleviated the fears associated with my case. Though not privy to aviation law, he went above and beyond in educating himself so as to ensure minimal impact on my progress within my chosen profession. His tenacity and persistence led to a most amicable outcome...

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

Kevin O'Brien holds himself well at the bench. Kevin is not only interested in getting the best outcome for his clients legally, but also interested in his clients personal well-being. I was transferred to Mr. O'Brien almost a year into my case. He was always prompt, and professional. I would...

"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 feel that Kevin did an outstanding job. I feel that my team did a great job. I would like to thank all the efforts of all the people involved. I am very hopeful that things will all work out in the end. Not every project/case is the same or...

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

Adam was extremely attentive, cunning, constantly communicating with me, and extremely caring. He made sure he knew my case inside and out and by the end of it, 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."

Despite my difficult circumstances, Mr. O'Brien studied my case, and drafted a concise strategy to win the outcome that I was hoping for.He kept me informed, walked me through the necessary steps to comply with the legal process, and clearly explained what my responsibilities are after my trial.

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

Mr. Eggleston was not only extremely professional, but I was very much a part of the decision-making in every aspect of my case. Anyone who retains his services will not be disappointed. If you are unfortunate enough to be charged with a DWI, afford Mr. Eggleston the same respect he...

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

“He took a tough court and judge and amazingly got me a much-needed reduction to DWI. I could never be more happy or grateful.”

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

“From the start, Adam made me feel comforted, hopeful, and optimistic in an otherwise miserable and terrifying experience.”

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

“When Kevin was in front of the judge, jurors, and prosecutor, he was so well-spoken, and professional. Having Kevin as an attorney was a total win!”

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

“From the moment I contacted him, I felt as if I was his only client. He provided me with consistent updates and made sure I understood each step of the process.”

"Kevin was great from start to finish!"

“Kevin was great from start to finish! When I first sat down with him, his main concern was my goals. He definitely did whatever he could to work toward my goals and also kept me informed.”

By O'Brien & Eggleston PLLC

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

Most Popular

Categories

Archives

Latest Blog Posts

Can I Be Charged with Hurting My Passenger During a DWI Crash in New York?

Can Self-Defense Claims Be Used as Defense for Murder Charges in New York?

Do Gang-Related Charges Enhance Criminal Penalties in New York?

Testimonials

"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!"

Related Posts

Can I Be Charged with Hurting My Passenger During a DWI Crash in New York?

Can Self-Defense Claims Be Used as Defense for Murder Charges in New York?

Do Gang-Related Charges Enhance Criminal Penalties in New York?