Bronx Underage DWI Lawyer
The laws in The Bronx prohibit anyone under the age of 21 from consuming or possessing an open container of alcohol. New York’s laws concerning DWI are even stricter for people under the age of 21. It is illegal for any person under the age of 21 to operate any vehicle after having consumed any amount of alcohol.
Because of the issues in underage DWI cases, the courts follow a special procedure in prosecuting these charges. A Bronx underage DWI lawyer can help you if you face DWI allegations and are under the age of 21. An experienced DWI attorney can guide you throughout the legal process to give you the best chance of a positive outcome.
Defending Against Underage DWI Charges
Regardless of a person’s age, it is illegal to operate a motor vehicle in The Bronx while under the influence of alcohol. According to New York Vehicle and Traffic Code §1192, this includes:
- Driving while someone’s ability is impaired by alcohol or drugs
- Having a blood/alcohol content of .08 percent or more
- Driving while someone’s ability is impaired by a combination of alcohol or drugs
Arresting officers who have a reasonable suspicion that a driver is impaired can require them to provide a sample of their breath, urine, saliva, or blood. A failure to submit to this test, regardless of a person’s age, carries a stiff fine and results in a mandatory license suspension. A Bronx underage DWI lawyer could help formulate a defense based on the specific facts of the case.
Special Consideration for Underage Drivers in The Bronx
It is strictly illegal for any person under the age of 21 to consume any alcoholic beverage. In addition, the State’s DWI laws prohibit any person under the age of 21 from operating a motor vehicle after having consumed any alcohol. New York Vehicle and Traffic Code §1192-a says that a person under the age of 21 with a blood/alcohol content of between .02 and .07 percent violates this law.
The court is required to hold a special session within 30 days of an arrest for underage DWI. At this hearing, the arresting officer can present a short case as to why they believed someone was driving after drinking alcohol. The accused can also present evidence in their own defense at these hearings. If the court believes someone consumed alcohol before driving, they can:
- Issue a fine of $125
- Suspend a person’s license for six months
- Order a defendant to utilize an ignition interlock device
A Bronx underage DWI lawyer could help protect underage drivers during these hearings. They can also help to fight back against the underage DWI charges that may result in a jail sentence and the payment of heavy fines.
Reach Out to a Bronx Underage DWI Attorney
New York’s laws concerning DWI are harsh, even for first-time offenders. As a result, it is illegal for any person under the age of 21 to consume any alcohol before getting behind the wheel. The laws allow a police officer to make an arrest if they have probable cause to believe that you have consumed any alcohol prior to driving.
A Bronx underage DWI lawyer could help you fight back against any alleged violation of the laws. They can work to defend your right to drive. Call today for a consultation to learn more.