If I just got an underage drinking citation in one state and I’m a resident of another state, will my license be suspended?

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If I just got an underage drinking citation in one state and I’m a resident of another state, will my license be suspended?

I turn 21 in 2 weeks. What are some of the penalties I will get if I plead guilty on my alcohol citation? I know in PA my license would be suspended if I lived there but I don’t know about NY where I do live.

Asked on August 1, 2011 New York

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question.  Unfortunately, it does not matter that your 21st birthday is two weeks away, because you are still not 21 years old and still underage.  New York, as most states, treats Driving Under the Influence and Driving While Intoxicated very seriously, especially when it comes to individuals under 21 years of age, and as such these states have a zero tolerance policy. 

If this is your first conviction of a DWI, then the penalties will be less severe.  The penalty is usually around the same for an individual with a BAC of .08 or higher and an individual under 21 years of age with a BAC of .02 or higher.  If this is your first conviction then you could be charged anywhere from $500-$1000 and up to one year in jail.  More than likely your license will be suspended for 6 months, and you will be ordered to pay a mandatory conviction surcharge.  If this your second or third conviction then the penalties become much more severe and instead of being charged with a misdemeanor, you would be charged with a Class-E felony. 

Also, if you are licensed in a different state then you have been charged with a DUI or DWI, you may be penalized by both states.  This is due to the “Interstate Compact” in which states have agreed to share information and have reciprocity for certain crimes.  This means that potentially your driving privileges could be suspended in more than one state. 

In order to avoid receiving the maximum penalty, you may want to seek the advice of a criminal defense attorney in your area. 

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question.  Unfortunately, it does not matter that your 21st birthday is two weeks away, because you are still not 21 years old and still underage.  New York, as most states, treats Driving Under the Influence and Driving While Intoxicated very seriously, especially when it comes to individuals under 21 years of age, and as such these states have a zero tolerance policy. 

If this is your first conviction of a DWI, then the penalties will be less severe.  The penalty is usually around the same for an individual with a BAC of .08 or higher and an individual under 21 years of age with a BAC of .02 or higher.  If this is your first conviction then you could be charged anywhere from $500-$1000 and up to one year in jail.  More than likely your license will be suspended for 6 months, and you will be ordered to pay a mandatory conviction surcharge.  If this your second or third conviction then the penalties become much more severe and instead of being charged with a misdemeanor, you would be charged with a Class-E felony. 

Also, if you are licensed in a different state then you have been charged with a DUI or DWI, you may be penalized by both states.  This is due to the “Interstate Compact” in which states have agreed to share information and have reciprocity for certain crimes.  This means that potentially your driving privileges could be suspended in more than one state. 

In order to avoid receiving the maximum penalty, you may want to seek the advice of a criminal defense attorney in your area. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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