Arrested for Underage Drinking in Queens? Here’s How to Get the Charges Dismissed

Arrested for Underage Drinking in Queens? Here’s How to Get the Charges Dismissed

Getting arrested for underage drinking can be scary. You may be worried about getting a criminal record, or losing your license. But with the right lawyer, you can often get the charges reduced or even dismissed. This article will explain New York’s underage drinking laws, typical penalties, and legal defenses that a good lawyer can use to help you.

New York’s Underage Drinking Laws

In New York, it’s illegal for anyone under 21 to:

• Possess or consume alcohol
• Use a fake ID to buy alcohol
• Drive with a blood alcohol content (BAC) of 0.02% or higher (called “zero tolerance” law)

For underage drinking, the punishment depends on your exact charges:

• Underage alcohol possession: Up to 30 days in jail and $50 fine
• Using a fake ID: Up to 1 year in jail and $1,000 fine
• Zero tolerance DWI: License suspended for 6 months and $125 civil penalty

Penalties get harsher for second and third offenses. You could also get a permanent criminal record that hurts job and school prospects.

Fighting Underage Drinking Charges in Queens

Luckily, a good lawyer can often get underage drinking charges reduced or dismissed in Queens. Here are some legal defenses they may use:

Illegal Search and Seizure

If police stopped you illegally without probable cause, any evidence found (like alcohol) could get thrown out. This depends on exactly where and how you were stopped.

Miranda Rights Violation

Police must read you your Miranda rights before questioning you after an arrest. If they didn’t, your statements could get thrown out.

Invalid Chemical BAC Test

Chemical breathalyzer tests have margins of error. A lawyer can challenge the accuracy of your specific test.

No Actual Possession

If alcohol was found near you, but you weren’t holding it and it wasn’t yours, you may not be guilty of possessing it.

Necessity Defense

In certain cases, drinking may have been necessary for your safety or health (like taking medication). This can excuse otherwise illegal conduct.

Queens Underage Drinking Lawyers Can Help

As you can see, an experienced underage drinking lawyer has many ways to fight your charges. For example, Queens lawyer Michael Discioarro got underage drinking charges completely dismissed for a client based on an illegal vehicle search [1]. Don’t take chances – call a Queens underage drinking lawyer today for a free consultation.

Some top-rated Queens underage drinking defense lawyers include:

• Michael Discioarro – (718) 575-8433
• Mark Bederow – (718) 268-2616
• Todd Greenberg – (718) 268-0400

They will examine the details of your case and devise an aggressive legal strategy. They can also appear in court for you so you don’t have to miss school or work.

What to Do If Arrested for Underage Drinking

If you or your child gets arrested for underage drinking in Queens, here are some important tips:

1. Remain calm and cooperative with police.
2. Politely refuse to answer any questions without your lawyer.
3. Do not struggle or resist arrest physically.
4. Contact a Queens underage drinking lawyer immediately.
5. Follow your lawyer’s advice about next steps.

Following these tips will help give your lawyer the best position to fight your charges. Be sure to call them before going to your first court date.

New York Law on Underage DUI Charges

In New York, the blood alcohol limit for underage DUI is just 0.02% – much lower then the 0.08% limit for adults. This “zero tolerance” law means even one drink can put an underage driver over the limit [4].

Penalties for underage DUI include:

• First offense – 6-month license suspension and $125 civil fine
• Second offense – License revoked until age 21
• Regular DWI charges for BAC 0.08%+ – Up to 1 year in jail

An experienced DUI lawyer can often get underage DUI charges reduced or dismissed. Defenses like illegal stops, faulty breathalyzers, and necessity apply to underage DUIs too.

Recent Underage Drinking Crackdowns in Queens

Police frequently do underage drinking crackdowns in Queens bars, restaurants, and liquor stores:

• In September 2022, the NY State Liquor Authority charged 10 Queens businesses with underage alcohol sales [5].
• Targeted neighborhoods included Astoria, Long Island City, and Flushing.
• Businesses face fines up to $10,000 per underage sale violation.

These crackdowns lead to more underage drinking arrests. So be extra cautious about where and when you drink in Queens.

Getting Your License Back After a Suspension

For first-time underage DUI (DWAI), your license will be suspended for 6 months. Here are some tips to get it back:

1. Enroll in New York’s Impaired Driver Program – This can let you get a conditional license for work and school.
2. Pay the $125 civil penalty and $100 license re-application fee.
3. Provide proof of insurance and financial responsibility.
4. Pass a vision test and pay license renewal fees.

For a second underage DUI, your license is revoked until age 21. You’ll have to retake road and written driving tests too [6].

Conclusion

Getting charged with underage drinking in Queens can have serious consequences. But an experienced criminal defense lawyer can often get your charges reduced or dismissed. Be sure to follow the tips in this article, like remaining silent and calling a lawyer immediately.

With legal help, many people beat these charges and move on with their lives. So don’t panic – take action by contacting a Queens underage drinking lawyer today.