Staten Island Juvenile DUI Attorney

Protecting the Rights of Underage Drivers Charged with DUI in New York

At The Law Offices of Helene Mark, we understand that a mistake made at a young age can have life-altering consequences. If your child or someone you love has been charged with an underage DUI (Driving Under the Influence) or juvenile DWI (Driving While Intoxicated) in Staten Island, you need an experienced defense attorney who knows New York’s zero-tolerance laws and how to protect your child’s future.

Helene Mark is a dedicated Staten Island juvenile DUI attorney who provides compassionate, aggressive defense representation for minors accused of drunk or drugged driving. Our firm helps families navigate the complex legal system, challenge the evidence, and fight for reduced penalties or dismissal of charges whenever possible.

Contact The Law Offices of Helene Mark today at (646) 891-1329 for a confidential consultation. We’ll review your case, explain your options, and develop a strategy to fight the charges and safeguard your child’s future.

Understanding New York’s Zero Tolerance Law

New York’s Zero Tolerance Law strictly prohibits drivers under 21 from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or higher. Unlike adult DUI laws that set the legal BAC limit at 0.08%, underage drivers can face penalties for even one drink.

Under Section 1192-a of the New York Vehicle and Traffic Law, the offense is considered a “per se” violation—meaning the BAC reading alone is enough to establish guilt. Police officers do not need to prove actual impairment. If an officer stops a driver under 21 and a breath test shows a BAC between 0.02% and 0.07%, the driver can be charged under the zero-tolerance statute.

How Juvenile DUI Arrests Happen in Staten Island

Juvenile or underage DUI arrests in Staten Island often occur during traffic stops or sobriety checkpoints. Common triggers include:

• Speeding or erratic driving
• A broken taillight or expired registration
• Random DUI checkpoints
• Reports of underage drinking

If a police officer suspects an underage driver has consumed alcohol, they may require a breathalyzer or chemical test. Refusing the test can result in an automatic license suspension for one year and a $300 civil penalty, even without a DUI conviction.

Penalties for an Underage DUI in New York

Even though a first zero-tolerance offense is not technically a criminal charge, the consequences can still be serious. Cases are handled through the New York State Department of Motor Vehicles (DMV), not the criminal courts. A DMV commissioner will review the evidence and determine whether to impose penalties.

For a first underage DUI offense, penalties may include:

• Six-month driver’s license suspension
• $125 fine and $100 reinstatement fee
• Mandatory enrollment in an Impaired Driver Program (IDP)
• Possible community service or alcohol education courses

A second offense is far more severe:

• License suspension for one year or until the driver turns 21 (whichever is longer)
• No eligibility for conditional or restricted licenses
• Permanent record of the violation

When an underage driver’s BAC is 0.08% or higher, or 0.18% or higher for aggravated cases, they can face adult-level DWI or Aggravated DWI charges, which are criminal offenses that may include:

• Up to 1 year in jail
• Fines up to $1,000
• Mandatory ignition interlock device installation
• Criminal record

These penalties can have lasting consequences, affecting college admissions, scholarship opportunities, and future employment.

Underage DWAI and Drug-Related DUI Offenses

New York law also prohibits Driving While Ability Impaired by Drugs (DWAI/Drugs). A juvenile may face this charge if they operate a vehicle while under the influence of marijuana, illegal drugs, or even prescription medication that impairs driving ability.

A conviction for DWAI/Drugs can carry harsher penalties than alcohol-related zero-tolerance violations, including criminal charges, fines, probation, and potential jail time.

At The Law Offices of Helene Mark, we examine every detail of the arrest — from the initial stop to the testing procedures — to identify violations of your rights and potential defenses.

Legal Defenses to Juvenile DUI Charges

Being charged with an underage DUI does not automatically mean conviction. There are many potential defenses a Staten Island juvenile DUI lawyer can raise depending on the facts of your case:

• Unlawful traffic stop: If police lacked reasonable suspicion to pull the vehicle over, any evidence obtained afterward may be inadmissible.
• Faulty breathalyzer or BAC testing: Improperly calibrated or administered tests can produce false readings.
• Violation of rights: Minors have the same constitutional rights as adults. Any Miranda violations or lack of parental notification can impact the case.
• Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt — even for DMV proceedings.

Our team uses expert witnesses, toxicology reports, and legal motions to challenge unreliable evidence and pursue case dismissal or reduction.

What to Expect in a Staten Island Juvenile DUI Case

When a minor is charged under the Zero Tolerance Law, the process typically begins with a DMV hearing, not a criminal court appearance. However, if the BAC is above 0.07% or drugs are involved, the case may move to criminal court and be treated as a juvenile delinquency proceeding or an adult prosecution depending on the driver’s age.

At The Law Offices of Helene Mark, we handle every stage of the case:

1. Reviewing the stop and arrest for legal errors.
2. Preparing for the DMV hearing to contest the license suspension.
3. Negotiating with prosecutors when criminal charges are filed.
4. Representing minors in court and working toward expungement or record sealing when eligible.

Our goal is always to protect your child’s future and help them move forward without a lifelong record.

Long-Term Consequences of a Juvenile DUI Conviction

Beyond fines and license suspensions, an underage DUI can have long-term effects, such as:

• Higher auto insurance premiums
• Barriers to college acceptance or financial aid
• Employment background check issues
• Professional licensing complications

An experienced Staten Island underage DUI attorney can help minimize these consequences and fight for opportunities like conditional licenses, alternative sentencing, or entry into diversion programs.