Westchester County Underage DWI Lawyer
People who are under the age of 21 who face allegations of DWI should be especially concerned. This is because they can face additional penalties even without a conviction.
A Westchester County underage DWI lawyer may be able to help you. This includes providing representation during administrative underage DWI sessions and during the primary criminal case. A skilled DWI attorney could help preserve your right to continue driving and protect your freedom.
Charges for Drivers Under 21 in Westchester County
Laws in Westchester County prohibit any person who is under the age of 21 from consuming alcohol or possessing an open container. In addition, the laws prohibiting driving while drunk are even more strict for underage defendants.
State laws say that people over the age of 21 can legally operate a vehicle as long as they do not have a blood/alcohol content of .08 percent or more. However, the permissible amount of alcohol in an operator’s system is much lower for those under 21.
According to New York Vehicle and Traffic Code §1192-a, the maximum permissible blood/alcohol content for people under 21 is .02 percent. A conviction under this statute is a misdemeanor, but can result in jail time, the payment of fines, and a license suspension. A Westchester County underage DWI lawyer could help fight back against these allegations.
Administrative Court Sessions for Underage DWI Defendants
State laws also require administrative court sessions with the Department of Motor Vehicles for underage drivers facing DWI accusations. New York Vehicle and Traffic Code §1192 outlines the procedures and potential penalties for these sessions.
In essence, these sessions are mini-trials where a police officer can present evidence to a magistrate or judge concerning their beliefs that an underage person consumed alcohol and then operated a vehicle. Because the State considers this offense extremely serious, the court must hold these sessions no more than 30 days after the arrest.
During the session, the police officer can testify as to why they arrested the person for underage DWI. The accused also has the opportunity to cross-examine the officer and present evidence of their own. If the court finds the person guilty, it can:
- Order a fine of $125
- Suspend their driver’s license for six months
- Order that the driver install an interlock ignition device on their vehicle as a condition of license reinstatement
Of course, these penalties are in addition to any that result from a core DWI conviction. A Westchester County underage DWI lawyer could help provide a powerful defense during these hearings.
Let a Westchester County Underage DWI Attorney Help
Any allegation involving DWI in Westchester County is serious. However, perhaps the most concerning cases are those that involve drivers under the age of 21. State law prohibits underage drivers from consuming any alcohol, and DWI charges can result in severe penalties.
A Westchester County underage DWI lawyer could help you if you are facing charges. These can work to defend your rights and freedoms during both administrative underage drinking court hearings and against core DWI charges in criminal court. Call today to learn more.