Teens have to deal with plenty of challenges as they come of age. However, being charged with Driving While Intoxicated (DWI) shouldn’t be one of them. To combat dangerous underage drinking, states like New York have rigorous laws in place. If you’re the parent of a teen in this state, understanding the law may help you protect them from an infraction. Here’s a guide to how your child will be affected if they’re caught drunk driving in New York.

Why Does the Court Treat Teen Drivers Differently?

Even though alcohol is not sold to people under 21, teens still consume it. In fact, there are around 2.4 million instances of drunk driving by high school teens every month. In 2010, one out of every five teen drivers involved in fatal crashes consumed alcohol past legal levels. To fight these statistics, the courts are stricter on those under 21 who are found driving under the influence.

What Is New York’s Zero Tolerance Policy? 

With a blood alcohol concentration (BAC) of between 0.05% and 0.07%, drivers of a legal drinking age will face a DWAI, which includes a 90-day license suspension, a fine, and up to 15 days in jail.

However, if the driver is under 21, they may be penalized even if they are less impaired. If anyone under this age is pulled over and thought to have consumed alcohol, they can be asked to undergo a breathalyzer test. If their blood alcohol concentration (BAC) is between 0.02 and 0.05%, they won’t be charged with a DWI, but the DMV will be notified. Because of the Zero Tolerance Law, the teen may have their license suspended.

If their BAC is under 0.07%, they will have to attend an administrative hearing, pay fines, and have their license revoked for six months. If it’s between 0.05 and 0.08%, they’ll be charged with a DWAI (Driving While Ability Impaired) and be summoned to the criminal court. If it’s over 0.08%, they will be charged with a DWI and also have to attend criminal court. In all cases, the offense won’t be removed from their record for three years, or until they turn 21, whichever comes later. This may interfere with employment or their ability to participate in extracurricular activities, which could affect their college applications.

If your child is affected by the Zero Tolerance Law, you’ll need to hire a DWI attorney to handle the case. Fiandach & Fiandach of Rochester, NY, has been helping clients since 1979. They will provide counsel in any case involving traffic violations to help you achieve a successful outcome. Learn more about their DUI and DWI work online or call (585) 244-8910 to schedule your free initial consultation.