After you read the following NJ Criminal Statute (Underage driver under the influence) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the drunk driving charge.
New Jersey Statute 39:4-50.14 covers drivers that are under the legal drinking age that are driving while intoxicated. If a person under the age of 21 is caught operating a motor vehicle with a blood alcohol content (BAC) of between 0.01% and less than 0.08%, he will be guilty of DWI under the statute. Basically, if you are under 21 and have ANY alcohol in your system while operating a car, you will be held guilty on the charge. The statute does not cover any BAC levels of 0.08% or over. If a person under 21 was operating a motor vehicle with a BAC of 0.08% or more, he or she will face the same charges and penalties as an adult would under the DWI statute.
When you are pulled over for suspected intoxicated driving, a police officer will most likely conduct field sobriety tests before requesting that you submit to a breath test to determine your BAC level. Although this underage drunk driving statute requires a BAC reading of between 0.01% and 0.07% for a conviction, you can be charged with refusing a breath test or driving under the influence under N.J.S.A. 39:4-50 if you decline a breath test.
If you are convicted under the underage drunk driving statute, you will face some serious penalties. First, your license will be suspended for no less than 30 days but not more than 90 days. Next, you must complete community service for between 15 and 30 days. Finally, you will need to fulfill all program and fee requirements of an Intoxicated Driver Resource Center program. If you are charged with an underage DWI, call an experienced DWI defense attorney at Villani & DeLuca for a free initial consultation.
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.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.
L.1992,c.189,s.1; amended 2003, c.314, s.3.
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.
