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Underage Drunk Driving DWI in New York

In the state of New York it is illegal if anyone under the age of 21 drives under the influence of alcohol if that person is found to have any amount of alcohol content in their body from .02 to .07 in BAC.  For the first offense, if found guilty of underage DUI the defendant will have their license revoked for a period of 6 months to 1 year; a fine of $125 is imposed and a fine of $100 will also be imposed for the termination fee of the license. If a BAC test is refused then a license revocation of 1 year will be instituted. For the second offense, a civil penalty of $125 is imposed, $100 will be charged for re-application, a loss of license for 1 year or until the age of 21 is reached.

If an underage individual refuses a BAC test, a 1-year suspension of their license results. For a first tie refusal, a fine up to $500 is imposed along with the 1-year license suspension. A second time refusal of a BAC test will result in the imposition of a $750 civil penalty, followed by a $50 re-application fee, and a 1-year loss of license or until the age of 21 is reached.

The issues relating to underage DUI differ from that of a regular DUI in many ways. For a regular DUI, the BAC needs to be at least .08 for a conviction to take place. The fines and penalties face after conviction are also different. And, there is a set period of time in which an adult will have their license taken away. For an underage person, if suspended until 21, it could be however many years are between the conviction and 21. Lastly, the level of severity of the charge is different. For an adult, the first offense is a misdemeanor and the second is a felony. For a minor it is neither of those.


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