Substitute for Experience,
Knowledge & Advocacy
New York has very strict laws when it comes to underage drinking. Those under 21 years of age with DWI (driving while intoxicated) convictions not only face fines and license suspension or revocation, but can also have difficulty obtaining student loans or grants.
If you have been charged with a campus alcohol related offense contact a New York campus alcohol related offense lawyer. A distinguished DUI attorney can help you evaluate your situation, determine what legal options and defenses might pertain to your situation, and discuss whether participating in a diversion program could dismiss or mitigate the charges against you.
New York has a zero tolerance policy which applies to underage drinking and driving. Simply stated, an underage driver pulled over with even a small amount of alcohol in their system can be charged – regardless of whether their driving was impaired.
In New York, the minimum blood alcohol content (BAC) level for an underage zero tolerance violation (sometimes called a “per se DWAI – driving while alcohol impaired”) is .02, so even one drink can often put someone over the limit.
First DWI/DWAI offenses do not generally result in criminal charges. These cases are usually handled by New York’s Department of Motor Vehicles (DMV) instead of the courts. A DMV commissioner will likely hear the case and may suspend their license for six months and force them to pay a $125 fine.
Second zero tolerance offenses generally result in a one year license suspension or until the driver is 21, whichever is longer. However, second offenders are not eligible for conditional licenses which allow driving under certain circumstances such as to school, work, doctor appointments, and more.
In addition to violating New York zero tolerance laws, underage drivers can be subjected to aggravated charges when BAC levels reach a certain level or drugs are involved.
Underage drivers can face regular DWI charges if they have a BAC level of .08 or more or with Aggravated DWI charges if they have a BAC level of .18 or more. They can also be charged with a DWAI/Drugs (Driving While Ability Impaired by Drugs) offense if pulled over for impaired driving or if they fail a field sobriety test and test positive for either illegal drugs (including marijuana) or any controlled substance.
Penalties for aggravated alcohol related offenses can include jail time, significant fines, and having a license suspended or revoked. However, it is important to keep in mind that diversion to the Impaired Driver Program (in lieu of jail time) may be possible on a first offense.
Underage DWI, DWAI, and driving under the influence (DUI) as it is commonly referred to, should never be taken lightly. A New York campus alcohol related offense lawyer can help.
Any type of DUI/DWAI/DWI can have significant consequences and affect your life for a long time to come. Do not risk your future by trying to handle the matter without counsel.
If you have been arrested on a campus alcohol related offense, contact a New York campus alcohol related offense lawyer to review your situation, determine how to best work with local authorities and possibly campus personnel, and decide what legal options and defenses are best for you.
Call the New York City campus alcohol crime lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.