Underage DWI in New York

Driving while intoxicated (DWI) is a serious offense in New York State, and the consequences for a conviction can be severe. In New York, it is also illegal to drink if you are under the age of 21. The legal drinking age in New York is 21 years old. With limited exceptions, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcoholic beverages in New York. When an underage driver is charged with a DWI, the penalties can be even more severe due to the heightened risks and dangers of underage drinking and driving. If you or someone you care about is facing a charge of underage DWI in New York, it is critical that you have experienced representation. The New York DWI lawyers at Stephen Bilkis & Associates have over 20 years of experience representing clients facing DWI charges and other serious criminal charges. We have the skill and knowledge to ensure that your legal rights are protected.

Section 1192-A of the New York Vehicle and Traffic Law- Operating a Motor Vehicle After Having Consumed Alcohol; Under the Age of Twenty-One; per Se- establishes the legal limit of alcohol for drivers under the age of 21 in New York State. Under this law, any person under the age of 21 who operates a motor vehicle with a blood alcohol content (BAC) of 0.02% or more is guilty of violating the statute. This is a much lower legal limit than the 0.08% BAC limit for drivers 21 and older. This threshold is very low. A BAC of 0.02% can be reached with just one or two drinks, depending on the individual's weight and other factors.

A violation of section 1192-A is considered a "per se" violation, meaning that a driver's BAC level alone is sufficient evidence to establish a violation. This is different from other DWI violations, where the prosecution must prove that the driver's ability to operate a vehicle was impaired by alcohol or drugs. However, as an experienced New York DWI lawyer can explain, there may be defenses to a charge of underage DWI such as challenging the legality of the traffic stop or the breathalyzer results.

The penalties for violating section 1192-A can be severe, especially for repeat offenders. A first offense is considered a violation, and the driver may face a fine of up to $125 and a mandatory six-month license suspension. Subsequent offenses within 10 years are considered misdemeanors, and can result in fines of up to $500 and up to one year in jail, as well as longer license suspensions.

In addition to the criminal penalties, a conviction for violating section 1192-A can also have significant consequences for a young person's future. A criminal record can affect their ability to find employment, attend college, and even obtain a driver's license. Thus, if you are facing an underage DWI charge, immediately contact a skilled DWI attorney in New York.

People v. Foster, 121 A.D.3d 1473 (3d Dept. 2014). In this case, the defendant, a 19-year-old male, was arrested for underage DWI under section 1192-a of the Vehicle and Traffic Law. The defendant was driving his vehicle in the early morning hours when he was pulled over by a police officer for speeding. During the traffic stop, the officer observed signs of intoxication and administered a field sobriety test, which the defendant failed. The defendant was then arrested and charged with underage DWI.

The defendant argued that the evidence presented by the prosecution was insufficient to establish that he had operated a motor vehicle after having consumed alcohol. Specifically, the defendant argued that the prosecution failed to prove that he was impaired by alcohol at the time he was driving his vehicle. The court rejected this argument and affirmed the defendant's conviction, holding that section 1192-a of the Vehicle and Traffic Law creates a per se offense, meaning that the mere presence of alcohol in the defendant's system while operating a motor vehicle is enough to establish guilt. Therefore, the court held that the prosecution did not need to prove that the defendant was actually impaired by alcohol at the time of driving.

People v. Pagan, 124 A.D.3d 1372 (4th Dept. 2015). In this case, the defendant, a 20-year-old male, was arrested for underage DWI under section 1192-a of the Vehicle and Traffic Law. The defendant was driving his vehicle when he was pulled over by a police officer for making an illegal turn. During the traffic stop, the officer observed signs of intoxication and administered a field sobriety test, which the defendant failed. The defendant was then arrested and charged with underage DWI.

The defendant argued that the evidence presented by the prosecution was insufficient to establish that he had operated a motor vehicle after having consumed alcohol. Specifically, the defendant argued that the breathalyzer test administered by the officer was unreliable and therefore the prosecution failed to prove that he had consumed alcohol prior to driving his vehicle. The court rejected this argument and affirmed the defendant's conviction, holding that the breathalyzer test was properly administered and the results were admissible in court. The court further held that the results of the breathalyzer test, which showed a blood alcohol content of 0.08%, were sufficient to establish that the defendant had consumed alcohol.

If you or someone you care about are facing an underage DWI charge in New York, it is crucial to seek the advice of an experienced DWI attorney serving New York to help ensure your legal rights are protected. The consequences of a DWI conviction are significant. Having the right legal representation can impact the outcome of your case. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, Westchester County, and Suffolk County.