Under 21 Fines & Penalties
Under 21 Fines and Penalties
DUI is a serious charge to face in any situation, but there are special rules and procedures in place in New York for defendants who are under the age of 21. This is the same in almost every other jurisdiction, and common names for these special laws include, “Not a drop” laws or “Zero tolerance” laws for those who have not reached legal drinking age.
Below is a breakdown of the statutes that govern this situation and the procedure that unfolds, and if you are facing this legal problem, contact our lawyers as soon as possible to schedule an initial consultation.
Under 21 DUI Laws in New York
The foundational statutory language for this situation in New York is as follows:
§ 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se.
No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol as defined in this section. For purposes of this section, a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person’s blood, as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
As you see, the BAC limits for those under 21 are lower than for those who have reached legal drinking age.
Just as the BAC limits are lower for those drivers under 21, the penalties upon a conviction are also more severe, as you’ll see with the statutory language below:
(2) Persons under the age of twenty-one; driving after having consumed alcohol. Six months, (suspension) where the holder has been found to have operated a motor vehicle after having consumed alcohol in violation of section eleven hundred ninety-two-a of this article where such person was under the age of twenty-one at the time of commission of such violation.
Additionally, a person who is found guilty of DUI in New York under the age of 21 will face longer suspensions if he or she has a prior conviction for DUI, and the driver’s privileges can be suspended for one year. These laws hold true even if the driver was not specifically impaired, and a BAC of .02 would indicate a lack of impairment.
If your child faces this situation, you do need to take action. Contact the Blanch Law Firm as soon as possible to schedule an initial consultation.