“DWAI” Laws in New York & Colorado Apply to Underage Drivers
Two USA states have enacted special laws that pertain to motor vehicle drivers under the age of 21, that criminalize drunk driving. No other states have crafted such laws and the two states that have enacted such laws created markedly different statutes.
So, to help the reader know which set of rules each state has, the following short summary of these underage driver statutes is provided. To obtain a FREE lawyer consultation with an affiliated lawyer in those states, for more information, just click the appropriate link to be taken to his or her page.
What am I Facing for a DWAI NY First Offense?
In New York, the legal consequences and the New York DWAI penalties for underage drivers (under 21) convicted of Driving While Ability Impaired (DWAI) differ significantly from those for Driving While Intoxicated (D.W.I.). Here’s a detailed comparison:
The DWAI Meaning NY: DWAI for Underage Drivers
- Blood Alcohol Content: A blood alcohol content (BAC) between 0.05% and 0.07% can result in a DWAI charge.
- Penalties:
- Jail Time: Up to 15 days.
- Fines: Between $300 and $500.
- License Suspension: One-year driver’s license suspension.
DWI for Underage Drivers
- Blood Alcohol Content (BAC): A BAC of 0.08% or higher results in a DWI charge.
- Penalties:
- Jail Time: Up to one year.
- Fines: Between $500 and $1,000.
- License Revocation: One year driver’s license revocation.
Comparison Table
| Aspect | Underage DWAI | Underage DWI |
|---|---|---|
| BAC Level | 0.05% to 0.07% | 0.08% or higher |
| Jail Time | Up to 15 days | Up to one year |
| Fines | $300 – $500 | $500 – $1,000 |
| License Action | One-year revocation | One-year revocation |
Additional Considerations
- Zero Tolerance Law: For drivers under 21, a BAC of 0.02 grams % or more can lead to a civil offense with penalties including a six-month license suspension and a $125 fine, but this is not considered a criminal offense like DWAI or DWI.
- Long-term Consequences: Both DWAI and DWI convictions can have lasting impacts on an individual’s record, affecting future opportunities such as employment and education.
In summary, while both DWAI and DWI carry serious consequences for underage drivers in New York, a DWI conviction is generally associated with harsher penalties including longer potential jail time and higher fines. New York DWI laws maintain strict penalties to deter underage drinking and driving through its zero-tolerance policy and significant penalties for violations.
The Zero Tolerance Law in New York is Set at 0.02 Grams Percent
In New York, the legal drinking age is 21, and this applies to drivers under the age of 21 as well. The state has implemented a “zero tolerance” law specifically for underage drivers, which is designed to deter drinking and driving among individuals who are not legally permitted to consume alcohol.
These measures are administrative rather than criminal, meaning cases are typically handled by the Department of Motor Vehicles (DMV) rather than through the criminal court system. However, if an underage driver has a BAC of 0.05 gr. % to 0.07 gr. %, they may face charges for Driving While Ability Impaired (DWAI), which carries more severe penalties, including potential jail time and higher fines. Only two states have DWAI laws, NY and CO.
If the BAC is 0.08 gr. % or higher, the driver will be charged with Driving While Intoxicated (DWI), which carries even more severe consequences for these underage drivers.
Under the zero-tolerance law, any driver under the age of 21 who operates a motor vehicle with a blood alcohol content (BAC) of 0.02 gr. % or higher is in violation of the law. This threshold is significantly lower than the 0.08 grams % BAC limit for drivers aged 21 and older.
The law is strict because even a small amount of alcohol can result in a measurable BAC of 0.02 gr. %, which could be reached with just one or two drinks depending on various factors like body weight.
The penalties for violating this law include:
- A six-month suspension of the driver’s license for a first offense.
- A civil penalty of $125 and a $100 fee to terminate the suspension.
- For a second offense, the driver’s license can be revoked for one year or until they turn 21, whichever period is longer.
In Colorado, for an Underage Driver, how does a DWAI compare to a DUI?
What is a DWAI in Colorado? In Colorado, the legal consequences for underage drivers convicted of Driving While Ability Impaired (D.W.A.I.) or Driving Under the Influence (DUI) differ significantly based on the driver’s age and blood alcohol content (BAC).
- DWAI (Driving While Ability Impaired): This charge applies when a driver has a BAC of more than 0.05 grams % but less than 0.08 grams percent and is slightly impaired.
- DUI (Driving Under the Influence): This charge applies when a driver has a BAC of 0.08 gr. percent or higher, indicating substantial impairment.
Colorado DWAI Penalties for Underage Drivers
Underage drivers face different penalties for DWAI in Colorado compared to those over 21 due to the state’s zero-tolerance policy:
Underage Drinking and Driving (UDD)
- Applies to drivers under 21 with a BAC between 0.02 gr. % and 0.05 gr. %.
- Considered a Class A traffic infraction for the first offense.
- Penalties include a fine of up to $150, up to 24 hours of community service, and a three-month license suspension.
DWAI for Underage Drivers
- This applies if the BAC is above 0.05 grams %.
- Penalties include 2 to 180 days in jail, fines up to $500, and 24 to 48 hours of community service.
DUI for Underage Drivers
- This applies if the BAC is 0.08 gr. % or higher.
- Penalties include 5 days to 1 year in jail, fines ranging from $600 to $1,000, and up to 96 hours of community service.
Comparison with Adult DUI/DWAI Penalties
Adult DWAI in Colorado
Similar penalties as underage DWAI but with additional potential impacts on driving privileges.
Adult DUI in Colorado
More severe penalties include longer jail time and higher fines compared to underage DUI.
In summary, underage drivers in Colorado face strict penalties under the zero-tolerance policy for any detectable level of alcohol. The penalties increase significantly if the BAC level reaches thresholds that qualify for DWAI or DUI charges.
Get A DWAI Lawyer Near You
While both DWAI and DUI charges carry serious consequences, DUI charges in Colorado are more severe due to higher levels of impairment indicated by a higher BAC. The same applies to New York driving while impaired laws for the two different criminal statutes.
If you’ve been charged with a DWAI in New York or Colorado, getting a top-rated DWAI lawyer should be your first step. Drunk Driving Defense provides a national DUI lawyer directory that includes some of the best DWAI lawyers in New York as well as some of the best DWAI lawyers in Colorado.
Call 1-844-832-6384 anytime 24/7 to get connected with one of the best DWAI lawyers near you in New York or Colorado.
