In New York, driving under the influence (DUI) is a serious offense with significant consequences. However, the penalties for underage DUI are even harsher, reflecting the increased risk young drivers pose behind the wheel while intoxicated.
If you’re a young driver facing an underage DUI charge in NYC, it’s crucial to understand the legal repercussions and explore potential defense options.
Understanding New York’s Zero Tolerance Law
New York has a strict zero-tolerance law for underage drivers and alcohol. This means that any driver under the age of 21 with a Blood Alcohol Content (BAC) level of 0.02% or higher can be charged with a violation.
Consequences of Underage DUI in NYC
The penalties for underage DUI in NYC vary depending on the BAC level:
- BAC between 0.02% and 0.05%: This is considered a violation of the zero-tolerance law and can result in a six-month license suspension and a $125 fine.
- BAC between 0.05% and 0.08%: This can lead to charges of Driving While Ability Impaired (DWAI) or common law DUI. Penalties may include a one-year license revocation, up to a year in jail, and fines of up to $1,000.
- BAC of 0.08% or higher: This is considered a standard DUI offense and carries the harshest penalties, including a year-long license revocation, up to a year in jail, and substantial fines.
Defense Options for Underage DUI Charges
Even if you’ve been charged with underage DUI, don’t lose hope. Here are some potential defense strategies:
- Challenging the Stop: If the police pulled you over without probable cause, your lawyer might be able to argue for the suppression of any evidence obtained.
- Questioning the BAC Test: If there were issues with the administration of the breathalyzer test or its calibration, the results might be challenged.
- Medical Conditions: If you have a medical condition that could explain your BAC level, such as diabetes or certain medications, this could be used as part of your defense.
Seeking Help from an Experienced DUI Lawyer
Navigating the legal complexities of an underage DUI charge can be overwhelming. An experienced NYC DUI lawyer can analyze your specific situation, advise you on the best course of action, and fight for a favorable outcome. They can:
- Help you understand your legal rights and options.
- Gather evidence to support your defense.
- Negotiate with the prosecutor on your behalf.
- Represent you in court if necessary.
Don’t Wait to Get Help
Don’t try to face an underage DUI charge alone. Contact James Medows, a skilled NYC DUI lawyer, today. He understands the challenges you’re facing and can provide the legal guidance and support you need. Call (917) 856-1247 for a free consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney to discuss the specific details of your case.
