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New York Underage DWI Lawyer

March 21, 2024 Uncategorized

Navigating Underage DWI Charges in New York

Getting charged with a DWI offense as a minor in New York can be an incredibly stressful and confusing situation. The consequences for underage drunk driving are severe, and can negatively impact a young person’s future in so many ways. Having an experienced DWI defense attorney on your side is crucial when facing these allegations. Let’s break down everything you need to know about underage DWI charges in New York, and how a knowledgeable lawyer can help.

New York’s Tough Stance on Underage Drunk Driving

New York has some of the strictest drunk driving laws in the country, especially when it comes to underage offenders. The legal drinking age in New York is 21, meaning it’s illegal for anyone under 21 to operate a vehicle with a blood alcohol content (BAC) of 0.02% or higher. For drivers over 21, the legal limit is 0.08% BAC.

Because those under 21 are held to such a low legal limit, it’s possible to get charged with a DWI even after just one or two drinks. That means that young drivers who might not even be impaired can face criminal charges and administrative penalties[2].

Penalties for Underage DWI Convictions

Some of the common criminal penalties for underage DWI convictions in New York include:

  • Up to 1 year in jail
  • Fines of up to $1,000
  • A 1-year license suspension
  • Installation of an ignition interlock device (IID)

On top of potential jail time, fines, and license suspensions, those convicted will end up with a permanent criminal record. This can severely limit future educational and employment opportunities.

There are also several administrative penalties imposed by the New York Department of Motor Vehicles (DMV) following an underage DWI arrest. Some examples are:

  • License revocation for at least 6 months
  • 5-hour Drinking Driver Program course
  • $125 civil penalty
  • $100 fee to terminate a license suspension and restore driving privileges

As you can see, the consequences for underage drunk driving charges go far beyond the criminal case. Even if the charges are reduced or dismissed, there are still administrative penalties to deal with.

The Importance of an Experienced DWI Lawyer

Facing DWI charges as a minor is an incredibly daunting and emotional experience. Many young people feel ashamed, scared, and overwhelmed after being accused of drunk driving. It’s critical to have a knowledgeable attorney on your side to help navigate the complex legal system.

An experienced DWI lawyer understands all the scientific and legal nuances of drunk driving cases. They can carefully examine the details of your arrest and identify any police mistakes or violations of your rights. If they find issues with the stop, arrest, or testing procedures, your lawyer can file motions to get evidence suppressed or charges reduced or dismissed.

Even if the charges can’t be completely dismissed, a skilled attorney can negotiate with the prosecutor for a better plea deal. They may be able to get the charges reduced to a non-alcohol offense, seek a conditional discharge to avoid a criminal record, or argue for lighter penalties.

Having a lawyer handle all communication with the court and prosecutor takes an enormous weight off your shoulders. No longer will you have to face the scary legal system alone.

Potential Defenses in Underage DWI Cases

There are several potential defenses that a knowledgeable DWI attorney may use to fight underage drunk driving allegations, including:

  • Illegal traffic stop – If the officer didn’t have valid reason to pull you over in the first place, any evidence obtained after is inadmissible.
  • No probable cause for arrest – The officer needs probable cause, not just suspicion, to make a DWI arrest.
  • Faulty or unreliable testing – Errors in administering breath, blood, or field sobriety tests can invalidate the results.
  • Medical conditions – Conditions like acid reflux or diabetes can mimic signs of intoxication and cause inaccurate BAC readings.
  • Involuntary intoxication – Being unknowingly drugged or served too much alcohol by others can be a valid defense.

An experienced DWI lawyer will thoroughly examine every aspect of your arrest to find any potential defenses to fight the charges.

Don’t Go It Alone – Consult a DWI Attorney Today

Being arrested for drunk driving as a young person in New York is scary. But you don’t have to go through it alone. Connect with an experienced underage DWI lawyer and start building your defense strategy today. An attorney can help minimize the penalties and reduce the lifelong impact of a conviction. Don’t leave your future up to chance – get the strong legal defense you deserve.

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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