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Underage Offenders

License Ramifications
Those under the age of 21 who are convicted of an alcohol related driving offense including driving while intoxicated or driving while impaired, will not be able to terminate the license revocation imposed by the NYS DMV by completing a drunk driving program. Consequently, those under 21 will generally have their licenses revoked for a longer period of time than those who are over 21 years of age.

Zero Tolerance Law
New York State’s New York Zero Tolerance Law applies to those under the age of 21 who operate a motor vehicle with an alcohol level of .02% to .07%.  This involves an administrative, not a criminal proceeding.  If after the hearing it is determined that you operated a motor vehicle with an alcohol level of .02% to .07% the hearing officer will suspend your license for at least 6 months. You will also be required to pay a $125 civil penalty and an additional $100 fee in order to have your license reinstated.

Generally, if you are charged criminally with either driving while intoxicated or driving while impaired due to alcohol, you will not be charge under New York’s Zero Tolerance Law, Likewise, if you are charged under the Zero Tolerance Law, you will not be prosecuted criminally for driving while intoxicated or driving while impaired due to alcohol.

Youthful Offender
Those 16 years old or older, but less than 19 years old when the offense is committed, may qualify for youthful offender status. When a court grants youthful offender, the criminal conviction is vacated and substituted with youthful offender status. By doing so, the defendant will not have a criminal record.