Teen Charged with Underage Drunk Driving and Breath Test Refusal

Is a DWI a Crime in NJ?Teen DWI and auto accidents are every parent’s worst fear for their children. After their teen gets a driver’s license a parent will begin to worry about other drivers, inexperienced driving mistakes, or worse, the potential for their teen to get behind the wheel after they have been drinking. Combine a teen’s lack of driving experience with their inexperience of drinking alcohol and you have a recipe for disaster. These are just some of the reasons New Jersey laws are so tough on underage drunk driving. If you drink and drive and you are underage, you will be facing even harsher penalties.

Underage Possession / Consumption Alcohol (N.J.S.A. 2C:33-15)

Under state stature N.J.S.A. 2C:33-15 it is illegal for individuals under the age of 21 to consume or possess alcohol. Underage drinking is a disorderly person’s charge that carries a fine of not less than $500 and loss of driving privileges for 6 months.

Underage Driving While Intoxicated (N.J.S.A 39:4-50.14)

In New Jersey and several other states, there is a zero tolerance policy for underage drinking and driving.  If an underage driver blows a 0.01% or more on a breath test, they will be charged with Driving While Intoxicated (DWI), according to N.J.S.A. 39:4-50.14. Those under the legal drinking age who are charged with DWI face the loss of their driver’s license for up to 3 months, community service, the completion of IDRC program, plus fines, penalties and surcharges.

Breath Test Refusal (N.J.S.A. 39:4-50.2)

For some teens who are facing a DWI charge they may choose to refuse to take a breath test after they have been arrested. They might feel that by avoiding the test that they won’t be charged with a DWI but this is false. A teen will be charged with refusal on top of being charged with DWI.

In New Jersey, their is “implied consent” when it comes to a breath test. Implied consent simply means that if you refuse to submit to a breath test you will be charged with a refusal. As a warning, the person administering the breath test will read a statement advising the accused of the penalties of refusing to take the breath test.

Contact A DWI Lawyer In Point Pleasant

If your child is facing a DWI charge in Seaside Heights, Brielle, Red Bank or Jackson, you need an experienced DWI lawyer to help. Call 732-965-3350 today for a free case evaluation.

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