There are a variety of special regulations that Rochester drivers under the age of 21 charged with DWI should be aware of when it comes to drinking and driving.
The law bars the operation of a motor vehicle by a driver under the age of 21 after having consumed any amount of alcohol, and under 21 drivers found to have a blood alcohol score as low as .02% may find their driver’s licenses suspended following an administrative hearing by the Department of Motor Vehicles.
For under 21 drivers who find themselves charged with Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated, the plea bargaining limitations imposed by New York State are the same as for adult drivers.
New York law does have a special provision, however, for under 21 drivers charged with Driving While Ability Impaired by Alcohol, which is the least serious alcohol-related driving offense an adult driver may face.
If both the prosecution and the defendant agree, an under 21 driver may have a charge of Driving While Ability Impaired by Alcohol dismissed in criminal court in exchange for agreeing to be subject to the penalties imposed by the Department of Motor Vehicles for having violated the offense of Operating a Motor Vehicle After Having Consumed Alcohol Under the Age of 21.
The DMV normally cannot impose these penalties without a hearing.
The defendant must waive the right to such a hearing in exchange for having the criminal court charge dismissed.
The primary benefit to the under 21 driver in agreeing to this procedure is that if convicted of Driving While Ability Impaired by Alcohol, a first time offender will have his or her driver’s license revoked for at least one year, while a finding of Operating a Motor Vehicle After Having Consumed Alcohol Under the Age of 21 only results in a six month suspension for first time offenders.
If you have questions about what may happen with your driver’s license following a drunk driving arrest, we can help you. Call us at 585-484-7432.