If you’re under 21 at
the time of your arrest for an alcohol-related driving offense, the penalties
for a conviction may vary greatly from the same conviction for someone over
21. That only makes sense tho, right? The law says you can’t drink
at all. So by drinking and driving, you’re breaking even more laws than the
person over 21 who also made the poor choice to drink and drive! But
believe it or not, your age may actually work to your advantage if you do get
arrested for DWI under 21!
Generally speaking,
there are two ways an underage DWI can go down: it can be handled 1) in the
criminal courts (as an underage/possible youthful offender), or 2) at the
administrative/DMV level (as a Zero Tolerance violation). This blog entry
discusses only Zero Tolerance laws.
How your case is
ultimately resolved will depend on many factors, including what you are
initially charged with, obviously! A violation of the Zero Tolerance Law
(VTL 1192-a) is a
chargeable offense (if your BAC at the time you were driving was between .02
and .07). However, most law enforcement agencies (at least most of the
ones I deal with on a regular basis) rarely, if ever, charge a violation of
1192-a. They will instead issue a violation of Driving While Ability
Impaired (DWAI) in violation of VTL 1192(1) and let the chips fall where they
may. In that situation, it is up to your attorney to convince the
prosecutor why you should be granted the enormous break of a Zero Tolerance adjudication rather
than an alcohol related conviction.
So what is so great
about a Zero Tolerance adjudication? Plenty! Below is a list of
just what a Zero Tolerance adjudication involves in terms of penalties and
other sanctions. Keep in mind this list applies only to Zero Tolerance
adjudications (not criminal convictions).
Prompt Suspension Law (“suspension pending prosecution”)
In the case of underage
offenders charged with a violation of VTL 1192(1) – DWAI – only, the court will
suspended the person’s license/permit/driving privileges at the first
appearance (as opposed to a person over 21 who cannot be suspended pending
prosecution unless there is proof of a BAC of .08 or higher, i.e., DWI or
Aggravated DWI only).
Conversely, the
license/permit/driving privileges of a person charged with a violation of VTL
1192-a (the Zero Tolerance Law) only cannot be suspended at
arraignment, or where your attorney has worked out a Zero Tolerance resolution
with the prosecutor prior to your first appearance. (Clearly
then it is to your advantage to call us immediately after your arrest to
provide us an opportunity to resolve your case prior to arraignment).
Zero Tolerance Penalties/Sanctions
First Offense
- NOT a criminal conviction;
- License/permit/driving privileges suspended for 6 months;
- If a refusal (first offense), revoked for at least one year;
- Registration may be suspended for 6 months;
- $125 civil penalty;
- Likely eligible for Drinking Driver Program (DDP) and a conditional license; and
- Successful completion of DDP may result in early termination of 6 month suspension
Second Offense***
- NOT a criminal conviction;
- License/permit/driving privileges revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
- If a refusal (second offense); revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
- Registration may be revoked for at least one (1) year or until the person reaches the age of 21, whichever is longer;
- $125 civil penalty;
- NOT eligible for DDP or conditional license.
***Keep in mind,
however, that if you’ve already been permitted one Zero Tolerance adjudication
by the prosecutor, the odds of a second within such a short period of time are
very slim!
Records are
Sealed/Destroyed
All records of a Zero
Tolerance adjudication are deemed destroyed after 3 years from the date of a
hearing resulting in a Zero Tolerance finding or entry of waiver of hearing, or
when the person reaches the age of 21, whichever is longer.
The attorneys at
Catalano & Carpenter LLP have obtained Zero Tolerance adjudications for
many drivers under the age of 21 who were initially charged with violations of
VTL 1192. If you are under 21 and have been arrested for an alcohol related
driving offense, call us today to discuss your options and whether you may be
appropriate for a Zero Tolerance adjudication (please note that if your BAC is
anywhere near your age, you’re not getting a Zero Tolerance offer, plain and
simple; but other favorable dispositions may still be available).
A Zero Tolerance
adjudication is a great resolution in those cases where a dismissal, ACD, or
plea to a lesser traffic violation is not warranted or possible (which is the
case in many if not most DWI prosecutions). The knowledgeable and skilled
DWI defense attorneys at Catalano & Carpenter LLP know the ins and outs
of obtaining a Zero Tolerance offer. If you have been arrested for an
alcohol related offense and are under 21, call us today at (845) 454-1919 or
visit us at www.CatalanoCarpenter.com to schedule a free
consultation. The sooner you call the sooner we can help.
For more information
about Zero Tolerance Laws and penalties, visit the following sites:
Safe NY - http://www.safeny.ny.gov/zero-tol.htm
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