Teen drinking and driving is a serious issue in New York, as it threatens the safety of everyone on the road, but also because it may pose a significant threat to young people across the state. According to the New York State Police, drivers under the age of 21 are involved in 14% of all fatal car crashes despite only making up 5% of all licensed drivers. This means that impaired driving, such as teen drinking and driving, could further endanger young drivers.
New York also has a Zero Tolerance Policy for underage drinking and driving, which could lead to civil charges even if the minor is below the legal limit. Due to the legal restrictions on underage drinking, teen drinking and driving could involve additional charges or other legal nuances due to the combination of underage drinking and potential DUI convictions.
A skilled DUI/DWI defense attorney from The Law Office Of Benjamin Greenwald may be able to explain the legal details that might impact teen drinking and driving. Consider scheduling an appointment or a case evaluation by calling (845) 567-4820.
Underage Drinking
Despite the dangers and potential legal consequences, teen drinking and driving led to more than 5,000 DWI arrests in one year in New York. The state does provide some exceptions for underage consumption of alcohol, specifically with parental permission on personal property. However, underage possession of alcohol, selling alcohol to a minor, or furnishing a minor with alcohol are all prohibited. These actions, while illegal in themselves, may also lead to issues such as alcohol-induced aggressive behavior, unsafe sexual behavior, and teen drinking and driving.
Potential Legal Charges for an Underage DWI
DWIs in New York could have a significant impact on an individual’s life, particularly if that individual is a minor. Underage DWIs may have different sentences compared to a standard DWI or DUI. Additionally, due to the New York Zero Tolerance Policy, the limit for BAC percentage may be much lower for minors or adults under the age of 21 than it would be for an adult. Understanding potential charges, as well as relevant New York statutes, may help clarify the outcome of a teen drinking and driving case.
New York’s Zero Tolerance Policy
New York has a strict policy for preventing teen drinking and driving, often called the Zero Tolerance Policy. This policy, instituted to crack down on underage drinking and driving, states that an individual under 21 found with a BAC between 0.02% and 0.07% may be found guilty of drinking and driving.
The charges for a Zero Tolerance violation may be less severe than a standard DUI, but it may still involve fines and potential suspension of license. Generally, a charge under the Zero Tolerance Policy could result in up to $125 in fines and a six-month suspension of license. To terminate the suspension, drivers may need to pay an additional $100 to have their license reinstated, according to the New York Department of Motor Vehicles.
Penalties for an Underage DWI
Depending on the amount of alcohol in the underage driver’s bloodstream, the fines and penalties of teen drinking and driving may be similar to a standard DWI, with potential additional violations for possession or purchase of alcohol illegally. A standard first DWI conviction in New York may involve fines of up to $1,000, a six-month suspension of license, and even up to a year’s worth of jail time. Additionally, repeat offenses within a certain timeframe could lead to even more significant sentences.
For more details on DWI sentences in New York, consider speaking with a skilled criminal defense attorney from The Law Office of Benjamin Greenwald.
Long-Term Consequences of an Underage DUI Conviction
Another long-term consequence of teen drinking and driving could involve car accident injuries. Being involved in a drunk driving accident could lead to serious and even life-altering injuries. Many car accidents involve injuries such as broken bones, significant soft tissue damage, scarring, traumatic brain injuries, and more.
Additionally, a DWI conviction is considered a criminal charge in New York. This means that any DUI conviction may go on an individual’s permanent criminal record, which could damage employment prospects or other areas of life. While it may not appear so, teen drinking and driving can have long-lasting unintended consequences.
Difference Between DUI, DWAI, and DWI
There are many terms used to describe teen drinking and driving, and many more legal terms to classify what offense is in question. While many states refer to drinking and driving accidents as driving under the influence (DUI), New York classifies these accidents as driving while intoxicated (DWI). Additionally, New York breaks down drunk driving accidents into multiple categories, often based on the BAC of the driver or other tangential factors.
BAC 0.02%
Underage drinking and driving could lead to a conviction under New York’s Zero Tolerance Policy. For individuals under the age of 21, a BAC of more than 0.02% could lead to an arrest and legal charges. However, Zero Tolerance is considered a civil offense and not a criminal offense. This may mean that the penalties are not as severe.
BAC 0.05%
A blood alcohol content of more than 0.05% while driving may be considered driving while ability impaired (DWAI) and could lead to misdemeanor charges in New York. While a DWAI may not be as severe as a full DWI, there are still significant legal consequences. Additionally, a DWAI offense could also be charged if the driver is under the influence of certain drugs. DWAI charges cover more than just alcohol consumption.
BAC 0.08%
0.08% BAC is the legal limit in New York, which means teen drinking and driving with this BAC could earn the driver a full DWI conviction. This may entail a permanent criminal record, fines, license suspension, and even jail time. A DWI conviction under 21 could lead to serious consequences and may decrease future quality of life.
BAC 0.18%
An aggravated DWI in New York involves a BAC of 0.18% or more. Aggravated DWIs generally come with harsher punishments and steeper fines. An extremely high BAC, such as 0.18%, may result in more serious charges. Understanding the various DWI charges in New York could help with the evaluation of a teen drinking and driving case.
Get Details From a New York Drunk Driving Defense Attorney
Teen drinking and driving could lead to serious consequences for drivers, which could hinder their futures with hefty fines, license suspensions, and even jail time. Understanding the consequences of teen drinking and driving, as well as the relevant state and federal laws, could help in evaluating a DWI case. For more information, consider speaking with a skilled New York DUI/DWI defense attorney from The Law Office Of Benjamin Greenwald. Schedule a consultation today by calling the office at (845) 567-4820.
