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Villani & DeLuca, P.C.

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DWI & Underage Drinking And Driving

June 17, 2016 by Carmine Villani

underage drinking and driving,
A 20 year old man from Wall Township, is facing charges of driving while intoxicated (DWI)  and numerous other violations after a crash on the evening of Sunday, May 22nd. The accused got into his Ford 350 pickup truck after drinking, and drove southbound on Allenwood Road. The result was that his truck left the road near 18th Avenue and hit a utility pole. After hitting the first pole, the man continued driving south and hit a second utility pole. Over 1, 000 residents in the area were left without power. Allenwood Road was closed between Route 138 and 18th Avenue for hours while Jersey Central Power & Light made repairs.

Underage Drinking & Driving – Serious Consequences (N.J.S.A. 39:4-50.14)

In New Jersey, a person is guilty of drunk driving if they drive a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or greater. However New Jersey has a zero tolerance law for those underage. If you are under 21, and there is any amount of alcohol detected in your system when you are pulled over (.01 BAC or above), you will be found guilty of underage drunk driving (N.J.S.A. 39:4-50.14).  Underage drivers with a BAC level of 0.08% or higher will face the same charges and penalties as an adult.
Underage persons caught drinking and driving face numerous penalties. The individual will be faced with the loss of their driver’s license for 30-90 days. If that person does not have a valid driver’s license, the suspension will commence on the date they are eligible to receive their license or on the conviction date, whichever is later. In addition, 15-30 days of community service must be completed and the person must complete a program at the Intoxicated Driver Resource Center and pay all associated fees. In addition, other charges may include: underage possession of alcoholic beverages (N.J.S.A. 2C:33-15), purchase of an alcoholic beverage by an underage person (N.J.S.A. 33:1-81), and DWI violations (N.J.S.A. 39:4-50).

Refusing to Submit to a Breath Test is Not a Good Option

The first offense for refusing a breath testing device is a $300-$500 fine and a suspended license of 7 months to a year. The second offense is a $500-$1,000 fine and a 2-year license suspension and the third offense is a $1,000 fine and a 10-year license suspension. In addition, an ignition interlock device will be installed on their vehicle and on insurance surcharge of $1,000 years will apply for three years.

Facing an Underage Drinking & Driving Charge? Call Us

Carmine R. Villani, Esq. has experience prosecuting and defending DWI, DUI and refusal charges in New Jersey. Mr. Villani is one of a few DWI lawyers in New Jersey trained on both the Alcotest® breath testing device currently used and the previously used breath test. Call 888.389.9533 today for a free consultation!

Categories: NJ DWI & Traffic Law Blog

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