Proven Defense in Thousands of Resolved Cases

New York Underage DWI Attorney

Call Now to Schedule a Free Consultation

Schedule a Free Consultation

Driving under the influence (DUI) –or driving while intoxicated (DWI) as it is legally referred to in New York– is a serious offense, especially for drivers under the age of 21. Underage DWI charges in New York carry serious legal and personal consequences that can impact your future. Whether you are facing penalties under the Zero Tolerance Law, a DWI, or an Aggravated DWI, the stakes are high. New York law is strict when it comes to underage drinking and driving, with penalties that may include fines, license suspensions, mandatory education programs, or even a criminal record. Understanding your rights and exploring your legal options is crucial to protecting your future.

At The Kugel Law Firm, our New York underage DWI attorney understands the challenges that come with underage DWI charges and the potential impact on a young person’s life. Our team will review every aspect of your case, identify possible defenses, and work to achieve the best possible outcome. Whether it’s fighting for a reduction in charges, pursuing diversion programs, or challenging evidence, our experienced New York DWI lawyers work diligently to provide tailored and robust representation, protecting your rights and your future.

Contact The Kugel Law Firm today at (212) 372-7218 for a consultation and take the first step toward securing your future.

New York’s Zero Tolerance Law

Unlike standard Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI) charges, which require higher BAC levels, the Zero Tolerance Law specifically targets drivers under 21 who operate a vehicle with a Blood Alcohol Content (BAC) between 0.02% and 0.07%. 

This BAC range accounts for minimal alcohol consumption, acknowledging that even small amounts can impair driving abilities. A BAC of 0.02% can result from consuming as little as one alcoholic beverage, depending on factors like body weight and metabolism. It’s important to note that while the legal drinking age is 21, this law enforces stricter standards for underage drivers to promote road safety.  

In New York, an underage driver can face a DWI charge if they engage in actions that involve operating a motor vehicle after consuming alcohol or drugs. The state’s Zero Tolerance Law makes it illegal for drivers under the age of 21 to have a Blood Alcohol Content (BAC) of 0.02% or higher. This means that even a small amount of alcohol in their system can result in legal consequences. 

Common actions that can lead to an underage DWI charge include driving after drinking at a party or social event, failing a breathalyzer or chemical test during a traffic stop, or refusing to take a chemical test altogether, which can trigger immediate penalties. Erratic driving behavior, such as swerving, speeding, or failing to obey traffic laws, may also prompt law enforcement to stop the vehicle and investigate further for signs of impairment. These actions, combined with any detectable alcohol or drug use, can result in serious charges under New York law.

Satisfied Client Reviews

Chevron Back Circle
Chevron Forward Circle
Robert
The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.
evangelis
I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.
aaron
Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.
Matthew
I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!
Shana
At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!
Asia
This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.
khalid
I must admit I didn't think it was anyway I could have gotten around my DUI and REFUSING... I'm glad I chosen the KUGEL LAW FIRM.. (RACHEL)knock it out the park all charges dismissed and 4 other miscellaneous tickets as well. She's who you need worth ever Dollar and more...
alex
I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.
jennifer
Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!

Underage DWI and DWAI Offenses in New York

Not all underage drinking and driving cases are handled solely as violations under the Zero Tolerance Law. Depending on the BAC level and the circumstances, an underage driver can face the same criminal charges as adults do for impaired driving. New York law provides for several offenses related to drinking and driving, which can apply to drivers under 21 if their BAC or impairment level meets the criteria.

This is considered a lesser offense than a DWI. It typically applies when a driver’s BAC is above 0.05% but less than 0.08%, or when other evidence shows the driver’s ability was impaired by alcohol to any extent. DWAI in New York is treated as a traffic infraction, not a crime, but it’s still serious. Police have discretion – for an underage driver with, say, a 0.05-0.07% BAC, they may charge DWAI in addition to (or instead of) proceeding with a Zero Tolerance administrative case

An underage driver charged with DWAI will have to go to criminal court, and if convicted, will be subject to penalties similar to any other DWAI offender (fines, short-term jail potential, and license suspension – discussed in the next section). Essentially, once the BAC is in the 0.05%+ range, New York treats the behavior as a violation of traffic law rather than a mere “zero tolerance” admin issue, even if the driver is under 21.

This is the standard drunk driving charge, a misdemeanor crime for first-time offenders. An underage driver will be charged with DWI if their BAC is 0.08% or higher, or if there is other strong evidence of intoxication (such as erratic driving plus failure on field sobriety tests). In the eyes of the law, a 19-year-old with 0.08% BAC is just as guilty of “DWI” as a 30-year-old with 0.08% BAC – the statute doesn’t change because of age. 

The under-21 status does come into play in terms of certain additional penalties (like longer license revocation as noted), but the charge and criminal process are the same. If convicted, the underage DWI offender will have a criminal record (misdemeanor) and face the standard sentencing range (detailed below). It’s worth noting that if an underage driver is charged with DWI in criminal court, the Zero Tolerance administrative process typically would not apply for the same incident – Zero Tolerance is mainly for cases that don’t result in a DWI/DWAI charge.

New York law has an “Aggravated DWI” offense for drivers caught with a very high BAC of 0.18% or above. This charge can also apply to underage drivers meeting that BAC threshold. Aggravated DWI is still a misdemeanor on a first offense, but it carries enhanced penalties (higher fines and longer license revocation) due to the dangerously high BAC. An underage driver with such a high BAC would likely face particularly stern treatment by prosecutors and judges, given the combination of extreme intoxication and the fact that the person is underage. 

Additionally, Leandra’s Law in New York makes it an automatic felony DWI if a child under 16 is in the car; while that scenario involves a minor as a passenger rather than the driver, it’s important to note as part of New York’s tough approach – though in an underage driver context, it’s less common for a minor under 21 to have under-16 passengers, it could happen with younger siblings or friends.

Underage drivers may also face related charges alongside a DWI. For example, if a fake ID was used to purchase alcohol, or if they’re in possession of a forged driver’s license or altered ID, separate charges for those offenses could be brought. There’s also the charge of Minor in Possession of Alcohol (a violation under NY law) if alcohol is found in the vehicle or on their person. These are ancillary to the DWI but can add to the legal troubles. The focus of the underage DWI attorney, however, is primarily on the driving offense and its consequences, which tend to be the most severe part of the case.

At The Kugel Law Firm, our New York DUI/DWI attorneys can analyze your case, identify potential defenses, and work to minimize both immediate and long-term consequences. If you or a loved one is facing an underage DWI charge, don’t wait—contact The Kugel Law Firm today for a consultation. Let us help you move forward with confidence.

Penalties and Consequences of an Underage DWI Conviction

Being convicted of an alcohol-related driving offense at a young age carries serious penalties in the short term, and it can also cast a long shadow over one’s future. New York’s penalties for DWI/DWAI are strict, and some are even stricter for underage offenders. In this section, we outline both the legal penalties (criminal and administrative) and the long-term consequences that can result from an underage DWI.

Below is a summary of the key penalties an underage driver might face if found guilty of an alcohol-related driving offense:

Not a criminal conviction, but results in DMV sanctions. Penalties include a 6-month license suspension (first offense), a civil fine of $125, and a $100 fee to restore the license. A second offense leads to a 1-year license revocation (or until age 21), with the same fines applied. No jail time is associated with a pure Zero Tolerance administrative violation.

A DWAI is a traffic infraction. For a first DWAI offense (which could apply to an underage driver with BAC in the ~0.05-0.07% range), the penalties include a fine between $300 and $500, up to 15 days in jail, and a 90-day suspension of the driver’s license. Underage drivers convicted of DWAI are typically also subject to the longer license revocation under DMV rules (often one year or until 21, as mentioned), even though the statute says 90 days – the DMV will impose the higher of the applicable suspensions.

A first-offense DWI (BAC 0.08% or above, or common law intoxication) is a misdemeanor crime. Sentencing can include a fine of $500–$1,000, a jail term up to 1 year, and a license revocation of at least 6 months (for adults)

For underage offenders, the license revocation is typically one full year or until age 21 (whichever is longer) for a first DWI conviction. Additionally, New York law requires the installation of an Ignition Interlock Device (IID) for a minimum of 6 months on any vehicle owned or operated by the convicted person. The court can also impose a period of probation (usually 3 years) in lieu of or in addition to jail.

A first Aggravated DWI is a heightened misdemeanor. Fines range higher (typically $1,000–$2,500), and up to 1 year in jail is possible (courts often treat high BAC offenders more harshly). The license revocation is at least 1 year even for adults, and underage offenders likewise face at least a 1-year revocation (possibly longer if their 21st birthday is farther away). An IID will be required for at least 1 year in Aggravated DWI cases.

If an underage driver has prior DWI-related convictions, the penalties escalate. A second DWI within 10 years (even if the first was at age 18 and the second at 20, for example) is a felony (DWI in the 2nd degree). A felony DWI conviction can mean state prison time, much higher fines (up to $5,000 for a second offense), and a minimum 1-year license revocation that could extend multi-year. For underage offenders, any prior (including a DWAI or Zero Tolerance) will be taken into account by the court and DMV, potentially resulting in enhanced penalties or denial of driving privileges for a very long time.

It’s worth noting that New York handles drug-impaired driving under DWAI-Drug charges, which carry similar penalties to DWI. An underage driver could also face a DWAI-Drug charge if caught driving under the influence of marijuana or other substances, but this outline focuses on alcohol-related offenses.

Schedule a Free Consultation

We Are Here To Help You

Contact us to schedule a free legal consultation so we can discuss your case together.

Schedule a Free Consultation

Will Your Driver’s License Be Suspended After an Underage DUI?

In New York, an underage DUI conviction almost always results in a license suspension or revocation.

The length of the suspension depends on the specific charge and any prior offenses:

Losing driving privileges can be particularly challenging for young drivers who rely on their license for school, work, or other responsibilities. In some cases, conditional licenses may be available, but these are granted at the court’s discretion. 

Offense TypePenalties/ConsequencesLicense Revocation
Zero Tolerance Violation (BAC 0.02%-0.07%)6-month suspension (first offense), civil fine of $125, $100 fee to restore license6 months (first offense), 1 year (second offense)
DWAI (Driving While Ability Impaired)Fine between $300–$500, up to 15 days in jail, 90-day suspension (with DMV rules often imposing longer revocation)1 year or until age 21
DWI (Driving While Intoxicated)Fine $500–$1,000, up to 1 year in jail, IID installation for at least 6 months, probation (3 years)1 year or until age 21
Aggravated DWI (BAC 0.18%+)Fine $1,000–$2,500, up to 1 year in jail, IID installation for at least 1 year1 year or until age 21
Repeat Offenses (Second DWI within 10 years)Felony conviction, up to $5,000 fine, potential state prison time, enhanced penalties1 year or more, depending on case

Can an Underage DUI Result in Jail Time?

For underage drivers, the possibility of jail time depends on the severity of the charge.

While Zero Tolerance violations do not carry criminal penalties, other DUI-related offenses may involve incarceration:

Repeat offenses or cases involving accidents, injuries, or significant property damage can increase the likelihood of jail time. For young drivers, even the possibility of incarceration is a serious consequence that can disrupt their education and future plans.

The penalties for an underage DUI in New York are far-reaching, with financial costs, loss of driving privileges, and potential jail time creating significant challenges. Education programs, community service, and other court-ordered measures can add additional burdens, making it essential to approach these cases with careful preparation and a focus on minimizing the impact.

At The Kugel Law Firm, we understand the gravity of these penalties and work hard to protect the rights and futures of underage drivers. If you or a loved one is facing an underage DUI charge, contact us today.

We can help you explore your options, reduce penalties, and find a path forward. Schedule a no-cost strategy session today at (212) 372-7218

Looking for Experienced Attorney?

Contact us to schedule a free legal consultation so we can discuss your case together.

Learn More

An underage Driving While Intoxicated (DWI) conviction can have significant repercussions across various aspects of a young person’s future, including college admissions, military enlistment, and employment opportunities.

Impact on College Applications

Many colleges and universities require applicants to disclose any criminal convictions, including DWIs. Such offenses may be viewed as indicators of poor judgment or irresponsibility, potentially leading to denial of admission. Additionally, a DWI conviction can affect eligibility for scholarships and financial aid, as some programs mandate a clean criminal record.

Impact on Military Enlistment

The military maintains strict standards regarding legal infractions. A DWI conviction can hinder enlistment by affecting eligibility for security clearances and signaling potential issues with discipline and reliability. In some cases, a waiver may be required, but approval is not guaranteed and depends on the severity of the offense and current recruitment needs.

For current service members, a DWI can lead to punitive actions such as rank reduction, pay forfeiture, extra duties, or even discharge from service. Such convictions can also impede career progression and limit opportunities within the military.

Impact on Future Job Applications

Many employers conduct background checks, and a DWI conviction can be a red flag, particularly for positions involving driving or security responsibilities. This may result in disqualification from certain roles or industries.

In addition, certain professions require licenses that mandate a clean legal record. A DWI conviction can jeopardize the ability to obtain or maintain such credentials, thereby limiting career options.

An underage DWI conviction can have far-reaching consequences, affecting educational prospects, military aspirations, and employment opportunities. It is crucial for individuals to understand these potential impacts and take proactive steps toward rehabilitation and demonstrating personal growth to mitigate the long-term effects on their future endeavors.

If you or your child has been charged with an underage DWI (or related offense) in New York, it’s natural to feel scared about the consequences. However, being charged does not automatically mean you will be convicted. There are various defenses and strategies an experienced attorney can use to fight the charges or minimize their impact.

Here are some key defense considerations for underage DWI cases:

  • Contesting the Traffic Stop: An officer must have a valid legal reason (reasonable suspicion) to pull over a driver. If the stop of the vehicle was not justified , the defense can argue to suppress any evidence obtained thereafter. An unlawful stop could lead to dismissal of the case, since all subsequent BAC tests or observations might be deemed inadmissible.
  • Challenging Field Sobriety Tests: Field Sobriety Tests (FSTs) are used to establish probable cause for a DWI arrest. These tests are subjective and can be unreliable, especially when administered to a nervous young driver who has never experienced a police stop before. If the arrest wasn’t supported by solid evidence of impairment, the subsequent breath test results might be challengeable.
  • Breathalyzer and BAC Evidence: Breath testing devices must be properly maintained and calibrated. The officer must also administer the test according to the required protocols. In underage cases with a BAC just above 0.08% or in the zero tolerance range, the accuracy of the device is crucial – a small error could mean the difference between a violation and innocence. Defense can obtain maintenance records of the device, challenge the technician’s qualifications, or even bring in expert witnesses to contest the BAC reading’s accuracy. If the BAC evidence is thrown out or doubted, the prosecution’s case may weaken significantly.
  • Procedural Defenses: Police must follow certain procedures during DWI arrests – for example, reading the driver their rights (if they intend to interrogate) and adhering to implied consent warnings when requesting a chemical test. If an underage driver wasn’t properly informed of the consequences of refusing a test, or if they were interrogated without Miranda warnings in a custodial situation, parts of the evidence or statements might be suppressed. 

A robust defense can make a huge difference – potentially resulting in dismissed charges, reduced offenses, or mitigated penalties. Underage DWI cases have unique aspects (like the Zero Tolerance proceedings and the client’s youthful age) that a knowledgeable attorney will use to tailor the defense strategy.

Our team at The Kugel Law Firm can review your case carefully to find any weaknesses in the prosecution’s evidence. Contact us today at (212) 372-7218 to discuss your defense options and take the first step toward protecting your rights.

For underage DUI offenders in New York, diversion programs and alternative sentencing options can provide an opportunity to avoid the harshest consequences of a conviction. These programs focus on education, rehabilitation, and accountability, allowing offenders to address the root causes of their behavior while potentially avoiding a permanent criminal record. 

What Are New York’s Diversion Programs for Underage DUI Offenders?

New York offers diversion programs that aim to rehabilitate offenders rather than impose traditional punitive measures, particularly for first-time or low-level offenses.

These programs typically include:

  • Alcohol and Substance Abuse Education: Participants attend classes designed to educate them on the dangers of impaired driving and substance use.
  • Counseling or Therapy: Some programs require participants to undergo individual or group therapy sessions to address underlying issues like alcohol dependency.
  • Monitoring and Reporting: Participants may be required to regularly check in with program administrators and demonstrate compliance with the program’s terms.

Diversion programs are often tailored to the individual’s needs, making them a constructive alternative to criminal penalties, such as jail time or a permanent record.

Are You Eligible for Alternative Sentencing in New York?

Eligibility for diversion programs or alternative sentencing depends on several factors, including the specific circumstances of your case and your prior criminal history.

Courts typically consider:

  • The Severity of the Offense: First-time offenders with a low BAC and no aggravating factors (e.g., accidents or injuries) are more likely to qualify.
  • Age and Criminal Record: Underage offenders with no prior convictions or arrests are strong candidates for diversion programs.
  • Willingness to Participate: Judges often require participants to show a genuine commitment to completing the program and addressing the behavior that led to the offense.

Each case is reviewed individually, and eligibility is determined based on a combination of legal and personal factors. Consulting with an attorney can help you understand your options and increase your chances of being accepted into a program.

How Completing a Diversion Program Can Benefit Your Future

Successfully completing a diversion program can provide significant benefits, both immediately and in the long term.

These benefits include:

  • Avoiding a Criminal Record: Many diversion programs allow participants to avoid a conviction, which can preserve educational, career, and housing opportunities that might otherwise be impacted by a criminal record.
  • Reduced Penalties: In some cases, successfully completing a program can lead to reduced fines or shorter license suspensions.
  • Personal Growth: Programs focus on education and rehabilitation, helping participants make better decisions and avoid future legal trouble.

Diversion programs and alternative sentencing options provide underage DUI offenders in New York with a valuable opportunity to avoid the harshest penalties and focus on rehabilitation. However, gaining access to these programs often requires a strong legal strategy and clear advocacy in court.

Our team at The Kugel Law Firm understands that an underage DWI charge isn’t just about the penalties – it’s about your future. Our goal is to minimize the impact of this incident on your life. If diversion programs or youthful offender adjudication is an option, we’ll pursue it. Everything we do is aimed at protecting your rights, your record, and your opportunities down the road. We can help you determine your eligibility for diversion programs and work toward a resolution that prioritizes your future. Don’t let one mistake define your life—contact us today for knowledgeable legal assistance.

Protect Your Future with the Right Legal Support

When you’re facing an underage DWI charge in New York, you need knowledgeable and dedicated legal representation. An underage DWI charge in New York can have serious consequences that may affect your future opportunities and personal record. Having the right legal guidance can make all the difference. At The Kugel Law Firm, we know the ins and outs of New York’s DWI laws, from the courtroom procedures to the DMV regulations. We don’t take a one-size-fits-all approach; we craft a defense strategy tailored to the specific facts of each case.

The sooner you involve an attorney, the better. If you or a loved one is facing an underage DWI or DUI charge in New York, contact The Kugel Law Firm immediately to schedule a no-cost, confidential consultation.

Don’t let one mistake derail your future. With the right legal team by your side, you can fight the charges, protect your rights, and move forward with your life.

Call The Kugel Law Firm at (212) 372-7218 or visit our website to get the help you need from experienced New York underage DWI attorneys. We are ready to stand by your side and vigorously defend your case.

Schedule a Free Consultation

Table of Contents