Can You Be Arrested for Underage Drinking in New York? What You Need to Know

Introduction

Underage drinking is a serious issue in New York. As a minor, getting caught consuming or possessing alcohol can lead to harsh legal consequences that impact your future. But what exactly are the underage drinking laws in New York? Can you really be arrested for having a beer at a party if you're under 21?At Spodek Law Group, we understand how stressful and overwhelming it can be to face criminal charges for underage drinking. Our experienced criminal defense attorneys have helped countless minors and their families navigate the complex legal system and protect their rights. In this article, we'll break down everything you need to know about underage drinking laws in New York.

What is the Legal Drinking Age in New York?

First, let's cover the basics. In New York, as in all states, the legal drinking age is 21 years old. This means it is against the law for anyone under the age of 21 to purchase, possess, or consume alcohol under any circumstances. There are a few rare exceptions, which we'll get into later. But in general, if you're a minor caught with alcohol, you can face criminal charges.

New York's Zero Tolerance Law

New York, like many states, has a "zero tolerance" law when it comes to underage drinking and driving. Under the Zero Tolerance Law, it is a criminal offense for any person under age 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or higher.For context, the legal limit for drivers over 21 is 0.08%. But for minors, any detectable amount of alcohol can lead to charges. A first offense can result in a suspended license for 6 months and a $125 fine. Subsequent offenses carry even harsher penalties, including potential jail time.

Exceptions to the Rule

As mentioned, there are a few exceptions to New York's underage drinking laws. Minors may legally consume alcohol in the following circumstances:

At home, under the supervision of a parent or legal guardian
As part of a religious ceremony, like communion
As a student in a culinary program or other educational course that requires tasting alcohol
When a doctor or nurse administers alcohol for medical purposes

However, even with these exceptions, it is still illegal for minors themselves to purchase alcohol. And the "at home" exception does not apply if the minor then leaves the house intoxicated. Driving after drinking is still illegal, even if the alcohol was provided by a parent.

Potential Consequences of Underage Drinking

So what happens if you're a minor caught drinking illegally in New York? The potential consequences depend on the circumstances but may include:

Fines ranging from $50 to $350
Mandatory participation in an alcohol awareness program or community service
Suspension of your driver's license for 90 days (even if you weren't driving at the time)
Permanent criminal record, which can impact college admissions, employment, professional licensing, etc.
Increased car insurance premiums
For subsequent offenses or aggravating factors, potential for jail time

As you can see, an arrest for underage drinking is not just a slap on the wrist. The repercussions can follow you well into adulthood. This is why it's so important to take charges seriously and consult with an experienced attorney.

Defenses Against Underage Drinking Charges

If you are arrested for underage drinking, don't panic. You may have valid defenses that can help get your charges reduced or dismissed entirely. Some common defenses include:

Illegal stop - The police did not have probable cause to stop you in the first place
Illegal search - Evidence was obtained through an unlawful search in violation of your rights
Inaccurate BAC test - Breathalyzers and other BAC tests are not always reliable
Involuntary intoxication - You ingested alcohol without your knowledge (e.g. someone spiked your drink)
Lack of evidence - The prosecution does not have sufficient proof that you were actually in possession of or consumed alcohol

Every case is unique. An experienced underage drinking defense lawyer can analyze the facts of your case and build a strong defense strategy tailored to your situation. Never assume you have no options just because you were arrested.

Why You Need a Lawyer for Underage Drinking Charges

Facing the criminal justice system is intimidating for anyone, let alone a minor with no prior record. You may be tempted to just plead guilty and put the ordeal behind you. But the long-term consequences of an underage drinking conviction can haunt you for years.This is why it's critical to have an aggressive criminal defense attorney in your corner. A skilled lawyer can:

Ensure your rights are protected throughout the process
Identify weaknesses in the prosecution's case and leverage them in your favor
Negotiate for reduced charges or a dismissal of the case entirely
Help you understand the potential consequences and make informed decisions
Represent you in court and fight for the best possible outcome

At Spodek Law Group, our attorneys have a proven track record of success handling underage drinking cases in New York. We know the ins and outs of the system and use every tool at our disposal to defend our clients. If you or your child has been arrested for underage drinking, don't wait. Contact our office today at 212-300-5196 for a free and confidential consultation. We're here to help 24/7.

Frequently Asked Questions

As top-rated NYC criminal lawyers, we get a lot of questions about underage drinking laws in New York. Here are some of the most common:

Can I refuse a breathalyzer if I'm under 21?

Technically, you can refuse a chemical BAC test in New York. However, if you're under 21, refusal will result in automatic license revocation for at least 1 year. You'll also be subject to a $500 fine. So while you can refuse, there are still serious consequences. If you do submit to a test, you have the right to an additional test by a physician of your choice.

Will I lose my license if I'm convicted of underage drinking?

In most cases, yes. For a first offense, your license will typically be suspended for 90 days. But you may be eligible for a conditional license that allows you to drive to and from work or school. For subsequent offenses, you're looking at a 6-month revocation or longer. An attorney can help you understand your options.

Do I have to tell colleges about an underage drinking arrest?

It depends on the college and the specifics of your case. Most college applications only ask about convictions, not arrests. If your case is dismissed or you complete a diversion program, you likely won't have to disclose. However, some colleges word their questions more broadly. When in doubt, consult with your attorney about how to handle college applications.

How much does it cost to hire a lawyer for underage drinking charges?

Attorney fees vary depending on the complexity of the case and the lawyer's experience. Some attorneys charge hourly, while others may offer flat fee arrangements. Many also provide free initial consultations. At Spodek Law Group, we know cost is a concern. That's why we work with clients to come up with affordable payment plans. Don't let financial concerns stop you from getting the legal representation you need.

Choosing the Right Underage Drinking Defense Attorney

If you're facing underage drinking charges in New York, choosing the right defense attorney is one of the most important decisions you'll make. You need a lawyer who is experienced, knowledgeable, and not afraid to fight for you.At Spodek Law Group, our team has the skills and dedication to provide the aggressive defense you need. We've helped countless clients beat underage drinking charges and move forward with their lives. Here are just a few reasons clients choose us:

Decades of combined experience defending alcohol-related crimes in New York
In-depth understanding of the complex underage drinking laws
Proven track record of getting charges reduced or dismissed
24/7 accessibility and personal attention to every case
Affordable payment plans and free initial consultations
Top attorney and firm ratings from Avvo, Super Lawyers, and more

Don't risk your future by going it alone or choosing the wrong lawyer. If you or someone you love has been arrested for underage drinking in New York, contact Spodek Law Group today. Call our office anytime at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free consultation. Let us put our experience to work for you.