Underage DUI Lawyer in New York
Fighting to Keep Your Driving Privileges
New York takes underage drinking and driving extremely seriously. Under the state’s Zero Tolerance Law, drivers under the age of 21 can face license suspension and penalties for having as little as 0.02% BAC—even if there is no evidence of impaired driving. For families and young drivers, an underage DWI or DWAI charge can feel overwhelming, especially when it threatens driving privileges, education plans, employment, and future opportunities.
At Raiser, Kenniff & Lonstein, our New York underage DUI lawyers understand how high the stakes are for young drivers and their families. Our firm includes former New York prosecutors and award-recognized defense attorneys who know how these cases are charged, reviewed, and decided—both in court and at the DMV level. Get our trial-tested, former prosecutors behind your underage DWI defense today.
Reach our team at (888) 646-0025 or contact us online if you have been charged with DUI as an underage driver in New York. We can help 24/7.
Understanding New York’s Zero Tolerance Law for Underage Drivers
The good news is that as someone younger than 21, you aren't facing criminal charges if this is a DUI charge for having a blood alcohol concentration of .02% but under .08%. Unlike standard DWI cases, these matters are usually handled as administrative violations, not criminal charges—but the consequences can still be serious.
Zero Tolerance BAC (.02%–.07%)
If an underage driver registers a BAC in this range, penalties typically include:
- 6-month license suspension
- $125 civil penalty
- $100 suspension termination fee
- DMV-run administrative hearing (not criminal court)
Law enforcement does not need to prove impaired driving. In fact, officers are not required to conduct field sobriety tests for Zero Tolerance charges. A single drink can be enough to trigger enforcement.
Drivers have the right to request a DMV hearing to contest the charge, which makes early legal guidance critical.
Of course, losing your driver's license for months at a time can still cause issues in your personal life, and you would still have to pay civil penalties.
However, if an underage driver has a BAC that would be high enough to get a DWI charge as an adult, that is, a BAC above .08%, then you could face the same misdemeanor or felony penalties that an adult would.
Why We're the Right Choice
Attentive Service. Strategic Defense.
Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.
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Personalized Legal StrategyWe don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
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Risk-Free Consultation
We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
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Top-Rated Team
Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy
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Former ProsecutorsOur founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.
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When Underage DUI Becomes a Criminal Charge
If an underage driver’s BAC reaches 0.08% or higher, the case is no longer administrative—it becomes a criminal DWI, with penalties similar to those faced by adults.
Criminal Underage DWI (.08% or Higher)
Potential consequences may include:
- Up to 1 year in jail
- Fines up to $1,000
- One-year license revocation
- Mandatory ignition interlock device
- Permanent criminal record if convicted
A BAC of 0.18% or higher may result in Aggravated DWI charges, which carry enhanced penalties. Underage drivers may also face DWAI/Drugs charges if impairment is alleged due to drugs or controlled substances—including legally prescribed medications.
Repeat offenses are treated far more harshly and may result in Class E felony charges, especially when prior alcohol-related driving offenses exist.
It may be possible to negotiate a prison sentence to one of community service instead, but that would require the tireless work of a skilled defense lawyer.
License Refusal Penalties for Drivers Under 21
Refusing a breathalyzer test carries especially severe consequences for underage drivers:
- One-year license revocation
- $500 civil penalty ($550 for a second refusal)
- Limited options for hardship or conditional relief
In many cases, under-21 drivers must serve the full suspension or revocation period, even if they complete education or treatment programs.
Youthful Offender Status and Long-Term Impact
For drivers between 16 and 19, Youthful Offender (YO) status may be available in certain criminal cases. When granted, YO status can:
- Seal the criminal record
- Reduce long-term consequences for education and employment
- Help protect a young person’s future opportunities
Eligibility depends on age, prior history, and case details. A knowledgeable underage DUI attorney can assess whether YO treatment may be pursued.
a Reputation For excellence
Read Our Client Testimonials
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They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.- Michelle A.
How Alex Lonstein Helps Underage DWI Clients in Kingston and Upstate NY
Underage DWI cases are not handled the same way in every court. Procedures, expectations, and timelines often vary depending on the court listed on the ticket, the assigned judge, and the local prosecutor’s practices.
Attorney Alex Lonstein brings deep familiarity with Kingston City Court, Ulster County courts, and surrounding Upstate New York jurisdictions. Based on the ticket and scheduled appearance date, Alex can often explain:
- What typically happens at the first appearance
- Whether the case will proceed through DMV, criminal court, or both
- Common procedural steps families should expect
- How underage cases are usually handled locally
This is not about making promises—it’s about helping families know what to expect, reduce uncertainty, and prepare intelligently.
The Lonstein family has practiced law in the Ellenville and Ulster County area for nearly 100 years across four generations, offering perspective shaped by decades of involvement in the local legal system. Clients benefit from experience rooted in real familiarity—not guesswork.
Award-Recognized Criminal Defense You Can Trust
Raiser, Kenniff & Lonstein is widely recognized for excellence in criminal defense, including DWI and traffic matters:
- Selected multiple times to Super Lawyers for criminal defense and related practice areas (peer-evaluated)
- Steven Raiser holds a Martindale-Hubbell AV Preeminent® rating, including Judicial Edition recognition and Client Champion honors
- Thomas Kenniff named to Best Lawyers in America
- Firm recognized by U.S. News & World Report and ranked in U.S. News – Best Law Firms (including 2016, 2018, 2020 editions)
- Attorneys selected to Top 100 Trial Lawyers by The National Trial Lawyers
- Recipient of the New York State Bar Association Award for Excellence in Public Service
- Consistently strong client feedback, with ratings of 4.9 stars or higher where supported by on-site reviews
These recognitions reflect professional respect, client trust, and a long-standing commitment to high-level defense advocacy.
Contact Our Underage DWI Attorneys in New York
Our team at Raiser, Kenniff & Lonstein understands that legal emergencies don't wait for business hours, and neither do we. Our team is available around the clock to provide the advice and legal counsel you need, when you need us most. Our commitment is to be there for you every step of the way. We also understand that every underage DWI case is unique, and we're ready to tailor our defense strategies accordingly.
For a free consultation, contact us online or call us at (888) 646-0025 today.