Underage DWI in NJ

Princeton Underage DWI Lawyers

It is against the law in New Jersey for a person who is not yet 21 to purchase, possess, or drink alcohol. In recognition of the health risks posed by underage drinking, the State of New Jersey has a zero tolerance policy when it comes to the consumption of alcohol by anyone under the age of 21. This also applies to underage drunk driving. These DWI offenses are often referred to as “Baby DWIs,” but don’t let the name fool you; NJ prosecutors are unforgiving when it comes to prosecuting these offenses.

Hamilton Juvenile DUI Attorneys

Kamensky Cohen & Riechelson is a New Jersey law firm that has been serving clients in Lawrence, West Windsor, and everywhere else in Mercer County for more than 40 years. Our proven track record of success in local courtrooms makes it easier for us to negotiate with prosecutors because they understand that we thoroughly prepare every case for trial. Call KCR today to speak with a member of our drunk driving defense team about your child’s underage DWI charges.

NJ Underage DUI Law: N.J.S.A. 39:4-50.14

Underage DWI offenses are governed by N.J.S.A. 39:4-50.14. The statute stipulates that if a minor is caught driving with a blood alcohol concentration above .01 percent, they will be charged with underage DWI. Even a single drink can be enough to push an underage drinker over the legal limit in New Jersey.

“Baby” DWI Penalties in Mercer County

Underage DWI offenses are treated differently than adult DWI offenses in New Jersey. Although underage DWI cases are heard in juvenile court, the penalties are still severe and need to be taken very seriously.

If you are under the age of 21 and are convicted of operating a motor vehicle with a blood alcohol concentration (BAC) of .01 percent or higher, you are subject to severe penalties:

  • Driver’s License Suspension: 30–90 day license suspension, or 30–90 day delay in the processing of your driver’s license if the driver is unlicensed at the time of the offense
  • Community Service: 15–30 days mandatory community service
  • Alcohol Education: Mandatory participation in alcohol education programs at the Intoxicated Driver Resource Center (IDRC)

The penalties are even more severe if a minor is pulled over with a BAC above .08 percent. When that happens, the minor will be charged as an adult offender.

Additional Charge: Refusal in Trenton, NJ

If your child refuses to take a breath test, they can be charged with Refusal to Submit to a Breath Test. This will result in even worse penalties, including suspension of their driver’s license for between seven months and one year.

Related Charges: False ID and Underage Possession of Alcohol

In many underage DWI cases, the suspect faces additional charges. For example, if your son or daughter used a fake ID to purchase alcohol, they could be charged with Possession of False Identification. Your child may also be charged with Underage Possession or Consumption of Alcohol, which will subject them to a fine of $500 to $1,000, as well as license suspension for an extra six months.

Contact an Ewing Township Underage DWI Attorney

An underage DWI conviction can seriously damage your child’s future. The experienced DWI attorneys at Kamensky Cohen & Riechelson can ensure that your child does not end up with a drunk driving conviction on their record. Call or email us to schedule a free consultation at our officers in Trenton or Pennington, NJ.

Contact Kamensky Cohen & Riechelson

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Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.