NYC Criminal Defense Attorney Discusses Penalty for DWI under 21
As an experienced NYC Criminal defense Attorney, clients often ask me about the penalties for a DWI under 21 and blowing a .08 or less. In New York, there is zero tolerance for an individual under the age of 21 to drink and drive. If their blood-alcohol content was measured by a police officer to be below a .08, they could be charged with driving while intoxicated because of the zero tolerance. I’ve handled cases like this before. Some of those cases are prosecuted in the local court and some of them can be diverted to the Department of Motor Vehicles.
If it’s diverted to the Department of Motor Vehicles, there might be certain advantages to your child’s case being diverted based on the fact that they won’t be convicted in a criminal court. I’ve actually represented an individual under the age of 21 who was charged with an underage DWI whose blood-alcohol content was below .08, and we were able to divert the case from the criminal court to the Department of Motor Vehicles so they did not have a conviction in the criminal court.
Are you facing a DWI and your under 21? Contact our experienced NYC Criminal Defense Attorney for guidance.