Underage DWI Charges

DWI Lawyer in New Jersey

In New Jersey, under N. J. S. A. 39:4-50.14, a person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.01% or more, but less than 0.08%, is subject to conviction for underage drunk driving (DUI or DWI). A driver convicted of this offense will lose his or her driving privileges for 30 to 90 days. If the driver is not yet old enough to have a driver's license, they will be ineligible for a license for 30 to 90 days beginning from the day they are eligible. The driver must also perform 15 to 30 days of community service and undergo 12 to 48 hours of treatment at an Intoxicated Drivers Resource Center. Given the extremely small amount of alcohol in the blood need to support a conviction, 0.01% BAC, an underage driver is subject to very serious penalties after consuming almost any amount of alcohol.

It should be noted that an underage driver may be prosecuted for regular DUI/DWI under N. J. S. A. 39:4-50, exposing them to the greater penalties under that statute, if the state believes it can prove the driver was "under the influence" or if his or her BAC was .08% or greater.

If the driver is also convicted for non-drunk driving offenses those penalties must be added to the drunk driving penalties. For example, a driver too young to purchase alcohol is also exposed to possible prosecution for possession of an alcoholic beverage by a person under the legal age in violation of N. J. S. A. 2C: 33-15, and possible prosecution for underage purchase of alcoholic beverage in violation of N. J. S. A. 33:1-81. Also, an underage driver with a BAC of at least 0.01% but less than .08% who the state believes was "under the influence" could be prosecuted for violating both underage DUI/DWI and regular DUI/DWI in violation of N. J. S. A. 39:4-50, and if convicted they would suffer the combined penalties for both offenses.

Fighting DWI Charges

The defense of an underage DUI/DWI charge requires the same careful examination of all of the factual and legal issues that can be involved in a regular DUI/DWI prosecution, such as: the reason for the initial stop, whether or not field sobriety tests were performed, and the breath test results and the validity and completeness of the documentation the state offers in support of the test results. Therefore, it is very important that the state's case be carefully scrutinized before choosing a course of action.

This information is not legal advice as it provided for general information purposes only. You are invited to contact a DWI attorney from the Law Office of Allan Marain for specific legal advice tailored to the facts of your particular case. We are available to assist clients throughout central New Jersey with their motor vehicle charges.

Contact a New Jersey DWI lawyer for skilled assistance with your underage DWI charges.