Juvenile Alcohol Charges
New York law provides for only two exceptions to the prohibition against the consumption of alcohol by individuals under the age of 21. Those exceptions include:
- New York Alcoholic Beverage Control Law § 65-c 2(a) permits students required to taste alcoholic beverages for instructional purposes during classes that are a part of a required curriculum licensed or registered by the state education department, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum
- New York Alcoholic Beverage Control Law § 65-c 2(b) allows individuals under the age of 21 years old to be given alcoholic beverages by that person’s parent or guardian.
Any other person under the age of 21 years old is unlawfully possessing an alcoholic beverage and can face criminal charges.
Nassau County Juvenile Alcohol Charges Lawyer
If you or your child have been arrested for juvenile alcohol charges in New York, a criminal defense attorney can help you face the least amount of penalties possible. Law Office of Stephanie Selloni represents alleged underage offenders in Massapequa, Garden City, Freeport, and throughout Long Island.
Stephanie Selloni defends individuals against juvenile alcohol charges in Nassau County, Suffolk County, and New York city. Call (516) 972-1212 right now to receive a free initial consultation that will help you understand your rights and legal options.
Juvenile Alcohol Charges in Long Island Overview
- New York Penalties for Juvenile Possession of Alcohol
- Long Island Juvenile Possession of Alcohol Defenses
- Juvenile Driving While Intoxicated (DWI) Penalties in Nassau County
- Defenses to New York Juvenile DWI Charges
- Penalties for Juvenile Possession of Fake ID in Long Island
- Nassau County Juvenile Possession of Fake ID Defenses
Under New York Alcoholic Beverage Control Law § 65-c 3, an underage individual who is convicted of possession of alcohol with intent to consume can face any one or combination of the following penalties:
- A fine of up to $50
- Ordered to complete an alcohol awareness program established pursuant to New York Mental Hygiene Law § 19.25
- Up to 30 hours of community service
The laws of the State of New York provide for several different defenses to juvenile possession of alcohol. These defenses include, but are not limited to:
- The possession was permitted by one of the exceptions in New York Alcoholic Beverage Control Law § 65-c
- Beverage did not actually contain alcohol
- Minor was not aware beverage contained alcohol
- Minor was involuntary intoxicated
- Minor did not actually have possession, as beverage was in place where multiple people has access
New York is a “zero tolerance” state, meaning that any driver who operates a motor vehicle with a blood alcohol concentration (BAC) higher than .02 can result in criminal charges. The level of the charge increases as follows:
- Driving After Having Consumed Alcohol — BAC of .02 or higher, but not more than .05. May be ordered to pay $125 civil penalty, $100 fee to terminate suspension, and your license may be suspended for six months.
- Driving While Ability Is Impaired By Alcohol (DWAI) — BAC of more than .05, but not more than .08. May face fines of up to $500, up to 15 days in jail, and license revoked for at least one year.
- Driving While Intoxicated (DWI) — BAC of more than .08, but less than .18. May face fines of up to $1,000, up to one year in jail, and license revoked for at least one year.
- Aggravated Driving While Intoxicated (Aggravated DWI or A-DWI) — BAC of more than .18. May face fines of up to $2,500, up to one year in jail, and license revoked for at least one year.
A criminal defense lawyer can investigate your arrest to see if any one of the following defenses may apply to your case:
- Police officer did not have probable cause or reasonable basis for stopping your vehicle
- Challenge the accuracy of field sobriety tests or non-standardized tests
- Possible errors or malfunctions in breathalyzer tests
- Errors made during arrest or conflicting information in paperwork
Being arrested for possession of fake identification can result in a series of very serious charges. Depending on the person you were allegedly claiming to be on the fake ID, you could be facing a variety of felony charges, including, but not limited to:
- § 170.20-30 Criminal possession of a forged instrument — May be classified as third degree (Class A misdemeanor), second degree (Class D felony), or first degree (Class C felony). Can result in up to 15 years in prison.
- § 190.78-80 Identity theft — May be classified as third degree (Class A misdemeanor), second degree (Class E felony), or first degree (Class D felony). Can result in up to seven years in prison.
- § 190.81-83 Unlawful possession of personal identification information — May be classified as third degree (Class A misdemeanor), second degree (Class E felony), or first degree (Class D felony). Can result in up to seven years in prison.
- § 165.45-54 Criminal possession of stolen property — May be classified as fifth degree (Class A misdemeanor), fourth degree (Class E felony), third degree (Class D felony), second degree (Class C felony), or first degree (Class B felony). Can result in up to 25 years in prison.
Despite the serious nature of juvenile fake ID possession charges, there are multiple valid defenses that may be employed to get the charges reduced or dismissed. These include, but are not limited to:
- You were not aware that the ID was fake
- You did not actually possess the fake ID
- You did not intend to deceive or defraud with the fake ID
Find the Best Juvenile Alcohol Charges Lawyer in Long Island
Criminal charges can be extremely frightening for underage individuals who have legitimate concerns about the effects their arrest might have on their immediate and long-term future. Law Office of Stephanie Selloni serves clients in areas like Mineola, Floral Park, Glen Cove, Hempstead, Long Beach, Westbury, and greater Nassau County.
Stephanie Selloni, a criminal defense attorney in Nassau County, NY, fights to defend the rights of clients of all ages, and she helps underage individuals avoid serious consequences for juvenile alcohol charges. She will review your case when you call (516) 972-1212 to schedule a free consultation.