Underage DWI Defense in Rockland County, NY
Strong Legal Representation to Safeguard Your Future
If you are under the age of 21 and have been arrested for a DWI in Rockland County, New York, you have the right to fight your charges in court. If you are the parent of a minor facing these charges, you are probably aware of the impact a DWI conviction may have on the life of your son or daughter.
As a Rockland County underage DWI defense attorney, I have extensive experience in handling DWI cases of all kinds and devote the majority of my law practice to defending clients charged with DWI. If you retain my services, I can give you the benefit of my experience and concentration on this very technical and scientific field. I will work hard to help your son or daughter secure the most optimal case result possible given the particular set of circumstances surrounding the case.
Contact the Rockland County DWI Lawyer at the firm today if you are facing charges of underage DWI in Rockland County.
Understanding New York's Zero Tolerance Law
New York has a zero tolerance law, which makes it illegal for a driver under the age of 21 to consume alcohol. If your blood alcohol content through chemical testing shows up as .02 to .07, you will be ordered to appear at a DMV hearing. If the judge finds that evidence supports the charge against you, your license will be suspended for 6 months and you will be required to pay a $125.00 civil penalty along with a $100.00 suspension termination fee. Additional offenses will result in your license being revoked for 1 year or until you reach the age of 21, whichever is longer, along with a $125 civil penalty fee and a $100 re-application fee to get your license reinstated.
If your blood alcohol content is greater than .05, you can be charged with a DWAI, DWI or Aggravated DWI for which you may be prosecuted in criminal court. A blood alcohol content of .08 or higher carries possible penalties including mandatory court appearances, heavy fines, possible jail time, possible probation, license revocation and the installation of an ignition interlock device.
If you have had your license revoked, I can help you seek a conditional license, which allows you to drive to work or school. A conditional license may be issued for certain restrictive uses if you participate in the New York Drinking Driver Program. In all underage drinking cases, I will work vigorously on your behalf as a Rockland County DWI attorney to minimize the impact that a DWI conviction will have on your life.
Frequently Asked Questions
What is the difference between New York's Zero Tolerance Law and a DWI charge?
New York's Zero Tolerance Law applies specifically to drivers under 21 who operate a vehicle with a BAC of at least .02 but less than .08. A DWI charge involves different legal standards and can result in criminal prosecution. The specific charge and potential consequences depend on factors such as BAC level, test results, and the circumstances of the arrest.
Can an underage DWI result in both criminal and DMV penalties?
Yes. An underage DWI case may involve both criminal court proceedings and a separate administrative action through the New York DMV. These proceedings are different from one another, so a person may need to address both the criminal charges and potential consequences involving their driving privileges.
Can an underage DWI affect college admission or employment?
A DWI conviction can have consequences beyond fines and driving privileges. Depending on the circumstances, a conviction may create issues with certain college programs, professional licensing, internships, employment opportunities, or other activities that involve background checks or driving requirements. The potential impact varies based on the individual circumstances.
What happens if an underage driver refuses a chemical test?
Refusing a chemical test can create additional problems for an underage driver. New York's implied consent laws may allow the DMV to impose consequences for refusing an authorized chemical test, separate from the underlying DWI allegations. The circumstances surrounding the refusal and the type of test involved can affect the legal issues in the case.
Can an underage DWI charge be challenged?
Yes. An underage DWI charge is not automatically proof of guilt. Depending on the circumstances, an attorney may examine the traffic stop, field sobriety testing, chemical testing procedures, police observations, and other evidence to determine whether there are grounds to challenge the allegations.
Will parents be notified when a person under 21 is arrested for DWI?
Whether and how parents or guardians are notified can depend on the driver's age and the circumstances of the arrest. Parents may also become involved in the court process, particularly when the person charged is a minor. An attorney can explain what involvement may be required based on the individual's age and case.
Can an underage DWI affect a driver's license even if the criminal case is dismissed?
Potentially. New York's DMV proceedings are separate from criminal court proceedings. As a result, the resolution of a criminal DWI case does not necessarily determine what happens in a separate administrative license proceeding. An attorney can review the circumstances and explain how the two matters may interact.
What evidence is important in an underage DWI case?
Evidence can include police reports, chemical test results, dash camera or body camera footage, witness statements, field sobriety testing, and information about the traffic stop. Reviewing how evidence was collected and whether required procedures were followed may be important when developing a defense.
Does an underage DWI have to involve a high BAC?
No. Drivers under 21 can face consequences under New York's Zero Tolerance Law at BAC levels below the standard .08 DWI threshold. Other charges may also apply depending on the driver's BAC and the circumstances. Because the legal consequences can vary significantly, it is important to evaluate the specific allegations rather than assume that a low BAC means the matter is insignificant.
How can a Rockland County DWI attorney help with an underage DWI?
An attorney can review the circumstances of the stop and arrest, evaluate the available evidence, explain the potential criminal and DMV consequences, and represent the driver during applicable proceedings. For a young person facing an underage DWI, experienced legal representation can help protect their driving privileges and work toward the best possible outcome under the circumstances.
If you or your child is facing an underage DWI charge in Rockland County, contact our experienced underage DWI attorney today to discuss your legal options and protect your future.