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Wednesday, August 31, 2016

Circumstances Surrounding Underage DWI Charges

Driving under the influence of alcohol can have major consequences. After considering the high level of deaths and injuries associated with drunk driving, most states have taken an increasingly strict stand on this lack of social duty. When you're charged with underage DWI, you will not only experience charges and penalties imposed using the state court system but also some other consequences.

Underage DWI Consequences

In most cases, a police officer will observe abnormal driving behavior, pull you over and administer a blood alcohol test. You will be charged with underage DWI when you register Blood Alcohol Content (BAC) of 0.02% or higher and are younger than 21. Blood alcohol tests are administered in three primary forms:

• Breath: The most common type of BAC test. As blood flows through your lungs, so does any alcohol that is contained in your blood. The alcohol is expelled in your breath, and the breathalyzer picks up on the percentage immediately.
• Blood: This is the most accurate way to determine a driver's BAC.
• Urine

Charges That Follow

When facing underage DWI remember that the police are not required to secure your approval before administering any test for Blood Alcohol Content. New York's Vehicle and Traffic Law § 1194(2) (a) states that; anyone driving in the state implicitly consents to take a blood alcohol test.

You can refuse a test, but refusing a chemical test carries a charge of its own. The driver will be charged with Chemical Test Refusal, fined up to $550 and have their New York State driving license revoked for up to 18 months. Underage drinking with a BAC of 0.02% or higher, will face a 6-month license suspension and $125 civil fine. You may also be enrolled in the New York Drinking Driver Program, but at your expense.

If you have been charged with underage DWI in New York City, reach out to one of our defense lawyers in one of the following locations: 

Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577

Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102

Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797