The good news for young Rochester drivers charged with this offense is that it is considered a non-criminal charge, meaning that the driver will have no criminal record. It does, however, carry some very serious penalties.
If a young driver is only charged with Driving After Having Consumed Alcohol Under The Age Of 21, per se, and not with any additional alcohol-related driving offense (such as Driving While Ability Impaired by Alcohol), the matter will be handled by the Department of Motor Vehicles instead of in criminal court.
This means that instead of appearing before a judge, the matter will be handled at a hearing before an administrative law judge.
Unfortunately for the driver, it also means that instead of the prosecution having to prove their case beyond a reasonable doubt, they only have to prove by “clear and convincing evidence” that the youth is guilty. This is a much lower standard.
A young driver found guilty of this charge will have his driver’s license suspended for at least 6 months.
For a second time offender, the penalty rises to a driver’s license revocation of at least one year or until 21 years old, whichever is greater. There is also a civil penalty imposed in the amount of $125.
If your child has been charged with an alcohol-related offense, it helps to have an experienced criminal lawyer at their side to help them navigate the legal system. We can be reached at 585-484-7432.