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. State 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 drunk driving cases, the courts follow a special procedure in prosecuting these charges. A Bronx underage DWI lawyer could help you if you allegations and are under the age of 21. An experienced DWI attorney could guide you throughout the legal process to give you the best chance of a positive outcome.
State DWI Laws
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 lawyer could help someone who is underage formulate a defense based on the specific facts of their DWI case.
What is Blood Alcohol Concentration?
The concept of blood alcohol concentration (BAC) is important to all DWI charges. A person’s BAC is the percentage of alcohol that is in their bloodstream. Typically, the higher a person’s BAC, the more likely they are to be impaired.
A person’s BAC is impacted by more than just the quantify of alcohol they consume. In addition to the number of drinks they have, a person’s BAC can also rise and fall based on how much time has elapsed since the drink was consumed. Other factors like gender, age, weight, and how recently a person ate could also impact these results. Because age plays a major role in how intoxicated a person may get. The BAC limit is lower for individuals who are under the age of 21.
Are there 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 cases. 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 lawyer could help protect underage drivers during these DWI hearings and fight back against these charges that may result in a jail sentence and the payment of heavy fines.
How Could an Attorney Defend Against DWI for Those Under 21?
There are different ways a defense attorney could help push back against charges of underage DWI in The Bronx. First and foremost, it is their job to fight back aggressively against any form of criminal conviction. If an attorney establishes that the police initiated an illegal traffic stop or contaminated a person’s blood sample, they could use that information to develop a strong defense strategy. An attorney could also play an important role in cases of plea bargaining. Often, an attorney could reduce the severity of a sentence and help someone avoid jail time is invaluable.
Reach Out to a Bronx Underage DWI Attorney
State 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. Call today for a consultation to learn more.