In The Rochester Area, What Is Driving After Having Consumed Alcohol Under The Age Of 21, Per Se?

As Rochester lawyers practicing in the area of criminal defense, not all of the illegal activities our clients are accused of are necessarily “crimes” as defined by New York State law.

Instead, especially when dealing with minors, there are several offenses that are classified as illegal but not actual crimes. Driving After Having Consumed Alcohol Under the Age of 21, per se, is one such offense.

Because individuals under the age of 21 are not supposed to have access to alcohol at all, New York State has enacted a special law that imposes penalties upon a driver under the age of 21 who has been found to have consumed virtually any amount of alcohol.

While the criminal charge of Driving While Intoxicated, per se, requires proof that the driver had a blood alcohol content of .08% or greater, Driving After Having Consumed Alcohol Under the Age of 21, per se, only requires proof that a driver under the age of 21 was operating with a blood alcohol content of between .02% and .07%.

This is a very low limit, as a typical driver would reach a blood alcohol content of at least .02% after having consumed only one alcoholic beverage.

Also, while other Driving While Intoxicated laws apply only on public roads, private roads open to traffic, and parking lots, New York State law imposes no such limitation on this offense. All that is required is that the under 21 person be operating a motor vehicle.

The offense does not apply to under 21 drivers operating a commercial motor vehicle. In such cases, a more serious DWI offense specific to commercial motor vehicles may be charged.

If you or your teenage child has been charged with violating the drunk driving laws, we can help you. Call us at 585-484-7432.

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