College & Underage DWI/

DUI Offense

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Arrested for an Underage DWI/DUI?

Have you, your child, or a loved one been arrested for drinking and driving under the legal drinking age? New York laws enact a “zero-tolerance” policy on all drivers under 21 years of age, meaning that anyone under the age of 21 should not be drinking and driving under any circumstances. The penalties for doing so are severe; this is why you should contact a New York DWI/DUI lawyer right away to come to your defense.

What are the Penalties for Underage DWI/DUI?

Since youths under the age of 21 are prohibited from purchasing or consuming alcohol, it is evident that if they have alcohol in their system, in any quantity, they have broken the law. In response to this, the laws have been adjusted to be stricter when regulating underage drinkers. If an underage person is found to have a blood-alcohol content (BAC) between 0.02% and 0.07%, then they have committed an offense under the Zero Tolerance Law. This is equivalent to only one drink!

These are the potential charges one could face for underage drinking and driving:

  • Driving while ability impaired (DWAI): BAC measures between 0.05% and 0.08%
  • Operating a motor vehicle after having consumed alcohol; Under 21 years of age
  • Driving while intoxicated (DWI): BAC measures 0.08% or higher

While operating a motor vehicle after having consumed alcohol by a person under 21 is not a traffic infraction or a crime; it carries a mandatory six-month license suspension and a civil penalty.

In addition, both DWAI and DWI have enhanced penalties for a person under 21. For example, a conviction for a DWAI, which would typically carry a 90-day license suspension, carries a one-year revocation if the person is under 21. Of course, being convicted of a DWI/DUI before 21 and starting adulthood with a criminal record could have severe and reverberating consequences. It is essential to have aggressive and experienced representation.

The Kugel Law Firm understands that the moment you are arrested, everything changes. Every move you make will be critical to your defense and preserving your rights and your freedoms. Serving people throughout New York, our knowledgeable and experienced DWI/DUI lawyers have helped countless numbers of clients over the years find the resolution they need to overcome even the most serious of DWI/DUI cases.

We can offer legal advice on penalties you might expect, such as:

  • Jail or incarceration
  • License suspension
  • Court fees and fines
  • Probation
  • Criminal record
  • Community service

Underage DUI/DWI?


These are the potential charges one could face for underage drinking and driving:

Driving while ability impaired (DWAI): BAC measures between 0.05% and 0.08%.


Operating a motor vehicle after having consumed alcohol; Under 21 years of age
Driving while intoxicated (DWI): BAC measures 0.08% or higher.


While operating a motor vehicle after having consumed alcohol by a person under 21 is not a traffic infraction or a crime; it carries a mandatory six-month license suspension and a civil penalty.

DRUG DWAI

For a DWAI specifically for drugs, the fine will also range from $500 to $1,000. Again, there is the possibility of a jail sentence, but the maximum is one year. Finally, for a first-time DWAI with drugs, the driver will have their license suspended for at least six months.


If the DWAI is based on a combination of alcohol and drugs, the fine and jail terms are the same, but the driver will have their license revoked for at least six months.

ALCOHOL DWAI

For a DWAI specifically for alcohol, the acceptable ranges from $300 to $500. The maximum potential jail sentence is 15 days. Lastly, the driver will have their license suspended for 90 days. Under the zero-tolerance law, the driver has to pay a $125 civil fee and a $100 fee to terminate the suspension. There is no jail time, but the license will be suspended for six months.

Help from a Lawyer for an Underage DWI/DUI?

A DWI/DUI conviction could potentially jeopardize a youth’s future before it has even begun. It may be challenging to find a job, find scholarships, and even make it difficult to attend college. Our New York-New Jersey DWI/DUI attorneys know how serious this can be, and we do everything in our power to help you. We can fight the battle for you and protect your future and reputation from being tarnished.

Schedule a no-cost, no-risk case consultation with the Leading New York-New Jersey DUI / DWI Law Firm,

The Kugel Law Firm   

New York (212) 372-7218  New Jersey (973) 854-0098 

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