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 10 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 10 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. 


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