For many underage drivers, getting a license is the pinnacle of freedom. However, many also underestimate the responsibility that driving entails, especially when it comes to keeping others on the road safe. As such, underage drivers facing a DUI charge should understand the penalties this crime can carry if convicted. If you or your child have been charged with an underage DUI, the following blog explores what you should know about these matters and why working with a New York City DUI lawyer is critical to fighting for the best possible outcome for your circumstances.
Are DUI Laws the Same for Underage Drivers?
In New York, like all other states, a driver can be charged with Driving Under the Influence (DUI) if they are discovered to have a Blood Alcohol Concentration (BAC) at or over the legal limit of 0.08%. However, a driver can still face charges if their BAC is less than the legal limit, but the officer believes the amount of alcohol in their system has impaired their ability to drive.
However, these rules only apply to drivers over the legal drinking age of 21. Those underage have a different BAC that triggers a DUI, as per New York’s Zero Tolerance Policy. Because it is illegal for anyone under 21 to consume alcohol, the law states that anyone under 21 discovered with a BAC at or over 0.02% will face a DUI. This means the average male will likely be at the legal limit where they can get a DUI just thirty minutes after drinking one beer.
What Consequences Can I Face?
Facing a DUI as an underage individual can bring about serious consequences, many of which will impact you for years. Generally, a first-time underage DWI in NYC will result in a six-month license suspension and mandatory participation in an alcohol education program.
However, it’s also important to note that the penalties can increase depending on your BAC. If it is higher than 0.05% jail time becomes a penalty, and if it is 0.08% or higher, the underage driver will face the same penalties as an adult. This means the potential for up to one year in jail and a fine of up to $1,000.
Additionally, those who continually drive under the influence are considered repeat offenders and will face even more intense penalties for their actions.
If you or your child has been charged with a DWI under the age of 21, taking immediate legal action is critical. As such, connecting with the Law Office of Jason A. Dennis is imperative to fighting for the best possible outcome for your unique circumstances. We understand the implications these charges can have, which is why we will do everything possible to assist you in these matters. Connect with us today to learn more about your legal options.
