Youthful Offenders

In the event you received a Youthful Offender (Y.O) adjudication Under CPL 720.35(1) in connection with a DWI charge, two points are worth noting:

1)   Y.O. adjudication will not cause a subsequent DWI charge received as an adult to be elevated to a felony.

2)    Y.O. adjudication will not count as a first DWI for the purpose of the DMV Regulations enacted in 2012. 

The reason for this favorable treatment is that a Y.O. adjudication is not considered to be a judgment of conviction. However, the underlying facts would still be admissible in court to impeach any defense testimony offered at a subsequent DWI trial. 

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