Whether a Rochester teenager convicted of drinking and driving is eligible to have his or her record sealed as a youthful offender laws depends upon the age of the teenager, any prior criminal record or drunk driving convictions, and the specific charge of which the teenager has been convicted.
When a Rochester teenager who is at least sixteen but less than nineteen years old is convicted of a misdemeanor offense and has no prior criminal convictions or youthful offender adjudications, he or she is automatically eligible to be sentenced as a youthful offender.
This includes a first time offender convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated.
While the only practical impact at sentencing is that the maximum potential jail sentence is reduced from one year to six months, being sentenced as a youthful offender results in the record being sealed.
This can be important because the teen is not considered to have been convicted of any crime and does not have to report the conviction on, for example, applications for work or school.
It also means that if the teen is again arrested for DWI, the prior conviction cannot be used to enhance the charge from a misdemeanor to a felony.
Unfortunately for teens stopped for drinking and driving, New York’s youthful offender laws only apply to crimes.
The offense of Driving While Ability Impaired by Alcohol – which is a less serious offense – is not classified as a crime.
Instead, it is a traffic infraction. In many cases, a first time offender arrested for Driving While Intoxicated may be offered a plea to this lesser charge.
For a teenage offender, however, accepting such a plea means that the record will not be sealed and the offense may be used to enhance the penalties should he or she be re-arrested for drinking and driving.
A teen who has been arrested for DWI should consult with an experienced DWI lawyer to decide how best to proceed.
If you have been arrested for DWI and need help deciding how to proceed, we can help you. Call us at 585-484-7432.
Recent Posts
What Happens After a Thanksgiving Weekend DWI in New York?
After a Thanksgiving weekend DWI arrest in Rochester, New York, you may receive criminal charges, [...]
Can You Get a DWI After a Halloween Party in New York?
Yes. You can be charged with DWI after leaving a Halloween party in New York [...]
Labor Day Weekend DWI Arrests in Rochester and Across New York: What Drivers Should Expect in 2026
New York drivers should expect increased impaired-driving enforcement around Labor Day weekend. For 2026, the [...]
Memorial Day to Labor Day DWI Arrests in Rochester: What Drivers Should Expect
Memorial Day through Labor Day is one of the busiest periods for DWI enforcement in [...]
Memorial Day Weekend DWI Arrests in New York: What Happens After a Holiday Traffic Stop
Memorial Day weekend in New York is a time when roads are busier, alcohol consumption [...]
DWI Arrests Spike After the Holidays: What You Need to Know in New York
The holiday season is synonymous with gatherings, festivities, and an uptick in alcohol consumption. While [...]
Thanksgiving DWI Arrests: What Rochester Drivers Need to Know
Thanksgiving marks one of the busiest and most festive times of the year. It’s a [...]
What Happens If You Get a DWI on Halloween in New York?
Halloween is often seen as a night of celebration, full of costumes, parties, and plenty [...]