Legal Question in DUI Law in New York

18 Years Old w/DWI

My son is 18, he was arrest for a DWI (yes, underage) his BAC was 0.11 - I'm being told he will lost his license untill 21...IS this correct? Information I have found on the NYS DMV show it should be either 6 months of 1 year. Can you clarify?


Asked on 9/20/07, 10:25 am

3 Answers from Attorneys

Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: 18 Years Old w/DWI

Since your son is underage the suspension is either one year OR until age 21, whichever is longer. So, in your son's case, the license suspension will be until the age of 21.

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Answered on 9/20/07, 11:33 am
Robert Evans Robert S. Evans esq.

Re: 18 Years Old w/DWI

The court will likely take your son's license for 6mo.to 1 year. DMV will not reinstate his license until he is 21 . Please feel free to call my office to discuss the options,there may be defenses available.

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Answered on 9/20/07, 12:05 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: 18 Years Old w/DWI

Believe it or not, depending on what statute he was arrested under, he may not even have a conviction. You should see a knowledgable attorney right away.

Another little known fact DWI cases are beatable and depending on the facts you can keep his license available to him with the right lawyer. Finally delaying a finding of guilt will keep him driving (with a temporary license) and then shorten the length of the suspension.

I handle a lot of DWI cases. Please contact my office by following the links below.

Good Luck.

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Answered on 9/20/07, 5:43 pm


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