Individuals under the age of 21 are not permitted to consume alcohol in New York, and even traces of the compound can lead to severe consequences for young drivers. The legal driving limit in New York is .08 percent for adults, but individuals under the age of 21 are considered intoxicated with a blood alcohol level of just .02 percent.
If you are under the age of 21 and have been accused of driving while under the influence in New York, the consequences you could face under the state’s zero tolerance law will be based on what your blood alcohol level was at the time of the incident. If toxicology tests revealed your blood alcohol level to be at least .02 percent but less than .07 percent, the fate of your driving privileges will be determined in an administrative hearing. A BAC of between .05 percent and .08 percent could lead to a criminal DWAI charge, and a blood alcohol level of .08 percent or more could trigger a DWI prosecution.
Young drivers sometimes worry that a drunk driving conviction will haunt them for years and rob them of future opportunities, but proving DWI charges beyond a reasonable doubt is sometimes challenging for prosecutors. Toxicology tests are not infallible and police officers sometimes stray close to constitutional boundaries, and prosecutors may choose to be lenient with young drivers who have not been in trouble with the law before.
Negotiating the zero tolerance process can be a frustrating and perplexing experience for those unfamiliar with it. Criminal defense attorneys with experience in this area could seek the best possible outcome for young drivers by advocating vigorously on their behalf. If you are a young driver, or the parent of one, who is facing DWI charges and you would like to learn more about your legal options, please visit our page dealing with underage drunk driving cases.
