In New Jersey we have a subsection under the DWI statute for underage DWI offenders, which are commonly referred to as a “Baby DWIs”. The logic behind an underage DWI offense is that anyone under the age of 21 is not allowed to consume any alcohol and then operate a motor vehicle. Therefore, you will be charged with an underage DUI if you are under 21 years of age and operate a car with a BAC of .01% or higher. Moreover, if the BAC is 0.08% or higher, you will be charged with a regular DWI on top of the underage offense. The penalties associated with an Underage DWI are severe. In cases where the youth’s BAC is between .01% and .08%, the offender faces between thirty and ninety days license suspension, community service, and fines. If the individual’s BAC is higher than .08%, then the driver will face the normal Penalties for Driving While Intoxicated in New Jersey – the same consequences faced by adults. It is important you consult with a skilled and experienced underage DWI Lawyer to learn about your options. You can feel free to contact our office at (908) 838-0150 for a free consultation.
New Jersey Underage DWI Law
The New Jersey statute governing Underage DWI is N.J.S.A. 39:4-50.14 and has been provided in pertinent part for your convenience:
§ 39:4-50.14. Penalties for underage person operating motor vehicle after consuming alcohol
“Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.
In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.
The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.”
Roselle Park NJ Lawyers for Underage DWI
If you or your loved one has been charged with underage drinking and driving in the State of New Jersey, then it is important that you seek out and retain skilled and experienced DWI defense lawyers. Will Proetta, our firm’s founding attorney, is certified in the correct maintenance and operation of the Alcotest 7110, the “breathalyzer” equipment used by New Jersey Law enforcement in gauging BAC. Furthermore, he is a certified instructor in Standardized Field Sobriety Testing. This experience enables the attorneys at Proetta & Oliver to diligently scrutinize the state’s case against you or your child. Our lawyers represent minors who are looking to beat underage DWI charges throughout New Jersey including Elizabeth, Cranford, Linden, Roselle Park, Springfield, Union Township, and Westfield. To speak with a lawyer regarding a New Jersey underage DWI, call us at (908) 838-0150.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted