21 Jul 16

Underage DUI with a BAC of 0.05 or Above

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If you are under 21, then New York has a Zero Tolerance Law for driving a motor vehicle under the influence. If you are pulled over by a police officer, and he or she suspects you have been drinking, then you may be detained and asked to take a breathalyzer test to measure your blood alcohol content (BAC). If you have a BAC level less than 0.05%, then you will not be charged with driving while intoxicated (DWI), but you may face other charges and the Department of Motor Vehicles will determine if your license should be suspended because you violated the Zero Tolerance Law.

If an individual has a BAC that is higher than 0.05% but lower than 0.08%, then he or she will be charged with driving while ability impaired (DWAI) and/or a common law DWI. If you are under the legal drinking age and are charged with a DWAI or DWI, then you will have your license suspended for at least one year.

What are the Penalties for an Underage DWI?

New York has strict DWI laws that can result in severe penalties for those convicted of a DWI. A DWI in New York is defined by how much alcohol is in an individual’s system at the time of his or her arrest. If you have been arrested for an underage DWI, then it is crucial to seek legal advice.

If an underage individual has been charged with a DWI, then the charge will show up on his or her permanent record. In addition, an underage indiviudal facing a DWI charge can face up to 15 days in in jail, a fine up to $500, and a suspended license. Furthermore, an individual who has been charged with a DWI may also be required to install and maintain an ignition interlock device for up to one year. If an underage driver has a BAC of 0.08% or higher, then he or she is considered to be impaired to a”substantial degree.”

Although the Zero Tolerance Law does not charge an underage indiviudal who has a BAC of 0.02% to 0.07%, there is an offense for that level of intoxication. If a driver has a BAC of 0.02% to 0.07%, then he or she could be charged with driving after having consumed alcohol. For this type of charge, an indiviudal will not go through a criminal court, but he or she will have the case settled in an administrative hearing. Although the penalties for this offense do not mandate jail time, an individual will have his or her license suspended for at least six months. In addition, an individual charged with driving after having consumed alcohol will be subjected to fines, and the individual will have the charge on his or her driver’s record for three years or until he or she turns 21.

If you or one of your family members has been charged with an underage DWI or DWAI, then it is vital to contact an experienced legal team immediately. The legal experts at Raiser & Kenniff, PC, have 30 years of experience in the legal field. The attorneys at the law firm can provide you with the legal advice you need. Contact Raiser & Kenniff, PC, today for a risk-free consultation.

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