Reviewed by Carl Spector, Esq.
Quick Summary: NJ Underage DWI Rules
- Zero Tolerance: Any measurable BAC from 0.01% to 0.07% triggers an underage DWI charge.
- Adult Charges: If an underage driver’s BAC is 0.08% or higher, they face full adult DWI penalties.
- Penalties: Includes a 30-to-90 day license suspension, 15–30 days of community service, and mandatory IDRC program classes.
- Defense Strategies: Charges can be fought by challenging the legality of the traffic stop, the technicality of field sobriety tests, or adherence to the 20-minute breathalyzer observation rule.
The state of New Jersey takes drinking and driving laws very seriously. It is because of this that anyone who is found driving under the influence (DUI) can face certain consequences. As those under the age of 21 are not legally allowed to drink in the first place, the consequences of committing a DWI are different from those of others. If you were charged with an underage DWI, it is crucial for you to retain the services of an experienced New Jersey criminal defense attorney for help with your case.
New Jersey Zero Tolerance Law
The state of New Jersey has a zero-tolerance law when it comes to drinking and driving. This means that drivers can be held liable for their actions. If an underage driver is found with a blood alcohol concentration (BAC) between 0.01% and 0.08% while behind the wheel, they can be charged with an underage DUI. These cases are usually heard in the municipal court. It is important to know that if an underage driver has a BAC over 0.08%, they can be charged as an adult. When this happens, they can face the same penalties as that of an “of age” driver.
Penalties of an Underage DWI
Underage drivers who receive a DUI charge can face significant consequences as a result. These can vary depending on the circumstances of the charge, including their BAC at the time as well as if they have prior offenses. As with any violation, the penalties will increase with each additional charge. Generally, consequences can include:
- License suspension: A driver’s license can be suspended by the state for 30 to 90 days. Teenagers with a probationary license must complete a four-hour remedial driving course without the possibility of receiving a regular license for one year. Drivers with learning permits also must complete the four-hour class along with an additional 90-day suspension. Subsequent DUI offenses may call for longer license suspensions or revocations.
- Community service: Underage DUI offenders can be ordered by the court to complete 15 to 30 days of community service.
- Treatment: All DUI offenders are required to complete the Intoxicated Driver Resource Center (IDRC) program or a similarly approved alcohol education and rehabilitation program. An evaluation and interview will be conducted before referring them to a treatment level that is appropriate for them. The treatment that is chosen is based on the evaluation, the individual’s driving record, and their BAC at the time.
- Various fees and fines: Underage drivers will be required to pay mandatory statutory fines, court fees, and multi-year insurance surcharges that reflect the gravity of a drinking and driving offense.
What Are Possible Defenses to an Underage DWI Charge?
An underage DWI offense in Bergen County can result in serious, and often life-altering penalties. However, it’s important to understand that a conviction is not automatic. As such, working with an experienced attorney can help examine the details of the traffic stop and craft a strong defense. At the Law Office of Carl Spector, we can explore the following legal defenses, among others:
- Unlawful Initial Traffic Stop: First and foremost, a law enforcement officer must have reasonable suspicion or a legally valid reason to initiate a traffic stop. If an officer illegally conducts a stop without proper cause, any evidence collected during the stop, including the results of a breathalyzer test, may be deemed inadmissible at trial.
- Failure to Abide by the 20-Minute Rule: In New Jersey, when someone is suspected of driving under the influence, the officer must continuously observe the driver for at least 20 minutes before administering the breathalyzer. This is imperative, as outside factors like belching or regurgitation may impact the reading of a breathalyzer. Failure to observe this rule can invalidate the results of the test.
- Procedural Issues with Field Sobriety Tests: Field sobriety evaluations are highly technical and strictly regulated. The defense can challenge the results if the officer failed to read the instructions correctly, neglected to demonstrate the test, failed to advise you that you could remove high heels, or ignored underlying health issues and physical injuries that inhibited your capacity to successfully complete the physical balance tests.
Contact our Firm
If you or your child are facing an underage DWI offense in New Jersey, it is imperative to understand that these charges should not be taken lightly. Unfortunately, there is a misconception that law enforcement and prosecutors in Bergen County will treat this more as a “slap on the wrist” rather than a serious offense, which is far from the truth. Due to the nature of these charges, the court will take these matters very seriously. As such, it is in your best interest to connect with an experienced criminal defense attorney with the Law Office of Carl Spector. When you need help, do not hesitate to contact our firm today to learn more.