New York has a zero-tolerance policy for underage drinking and driving and the penalties are harsh for drunk drivers under the legal drinking age of 21. While jail time is generally not on the table, the driver incurs a permanent criminal record.
Here’s what to know about the zero-tolerance policy, how it may affect you if you or your child are arrested for a DWI under 21, and how experienced Brooklyn DWI lawyer Mark Cossuto can help you fight charges for drinking and driving.
New York State Statutes On Underage Drinking & Driving
State Vehicle and Traffic Law Section 1192-a regarding underage drinking and driving is written as follows:
“No person under the age of 21 shall operate a motor vehicle after having consumed alcohol as defined in this section. For purposes of this section, a person under the age of 21 is deemed to have consumed alcohol only if such person has .02 of 1% or more but not more than .07 of 1% by weight of alcohol in the person blood as shown by chemical analysis of such person’s blood, breath, urine, or saliva, made pursuant to the provisions of VTL § 1194.”
Penalties for Underage DWI
Penalties for being caught drinking and driving under the age of 21 are usually limited to fines and license suspension, provided there were no serious injuries or deaths as a result of the defendant’s actions and that the defendant wasn’t extremely intoxicated at the time of their arrest.
If the defendant’s Blood Alcohol Concentration (BAC) is between 0.05% and 0.08%, criminal charges may be incurred for a DWAI (Driving While Ability Impaired). If the defendant’s BAC is 0.08% or over, traditional DWI charges will usually apply. Drunk drivers who cause accidents are also likely to face aggravated DWI and reckless driving charges, which carry significantly harsher penalties.
Protect & Defend Your Rights After a Drunk Driving Arrest
If you or your child were arrested for underage DWI, it’s important that you don’t wait to obtain legal help. Your rights and future are on the line and you need experienced and zealous legal representation as soon as possible. Reach out to veteran Brooklyn DWI lawyer Mark Cossuto today to book a consultation to discuss your criminal defense strategy. Call now by dialing (718) 852-8047 or toll free at (800) 609-4545.
