New York Juvenile Delinquency Lawyer
New York Juvenile Delinquency Lawyer

Peter Gerstenzang is the senior partner in the Albany law firm of Gerstenzang, O'Hern, Hickey & Gerstenzang. He is a 1970 graduate of Albany Law School. He has been Board Certified as a DWI defense attorney by the National DUI Defense College* as accredited by the
American Bar Association. His
practice focuses on Criminal Defense
with an emphasis on DWI
cases and Vehicular Crimes.
*Disclaimer

Underage Offenders -- First Offense

If you are under 21 and you are found guilty of violating the "Zero Tolerance" law, your driver's license will be suspended for 6 months, and you will have to pay a $125 civil penalty and a $100 suspension termination fee. You will most likely be eligible for the Drinking Driver Program and a conditional license.

If you are under 21 and you are convicted of DWI, DWAI or DWAI Drugs, your driver's license will be revoked for 1 year. You will otherwise be subject to the same consequences as a person who is 21 or older. You will most likely be eligible for the Drinking Driver Program and a conditional license.

If you are under 19 and you are convicted of DWI or DWAI Drugs, you may be eligible for youthful offender treatment.

Underage Offenders -- Second Offense

If you are under 21 and you are convicted of a second offense of DWI, DWAI, DWAI Drugs or Zero Tolerance, your driver's license will be revoked for at least 1 year -- or until you turn 21 -- whichever is longer. In addition, you will not be eligible for either the Drinking Driver Program or a conditional license.

Underage Offenders -- Chemical Test Refusal Revocation

If you are under 21 and you are found to have refused to submit to a chemical test, your driver's license will be revoked for 1 year. If you have a prior conviction of DWI, DWAI, DWAI Drugs or Zero Tolerance, your driver's license will be revoked for 1 year or until you turn 21, whichever is longer.

Underage Offenders -- Return of Full Driver's License

Ordinarily, DMV will restore your full driver's license if you enroll in and successfully complete the Drinking Driver Program. However, this general rule does not apply to underage offenders (or to any offender whose driver's license is revoked for refusing to submit a chemical test). Nonetheless, DMV will allow you to continue to use your conditional license pending the expiration of the revocation period (as long as you don't violate any of the conditions of the conditional license).