Generally speaking, the charges and subsequent penalties that juveniles face may carry less weight than adults for similar offenses. However, the state of New Jersey has a zero-tolerance policy for underage drivers who get behind the wheel while intoxicated. Continue reading to learn whether an underage driver can be charged with a first-offense DWI and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC can help you fight this.
Can an underage driver be charged with a first-offense DWI?
To reiterate, New Jersey law holds zero tolerance for underage drivers who are intoxicated. This is because an individual who is under the legal drinking age of 21 should not have been drinking to begin with. So this makes their decision to get behind the wheel considered to be all the more a serious offense.
With that being said, even if the breathalyzer test shows that you have a blood-alcohol content (BAC) level of as little as 0.01 percent, you may be facing an underage DWI charge. Though you may not necessarily be charged with an additional first-offense DWI. This charge is only applicable if the breathalyzer test reads your BAC level as 0.08 percent or higher.
What penalties might an underage driver face?
The penalties for an underage DWI may not be as harsh as that of a first-offense DWI. In fact, the offense may not even appear on your permanent criminal record. Nonetheless, these potential penalties are still serious. The following is a comparison of the penalties:
- If an underage driver has a BAC level of 0.01 percent or higher and is charged with an underage DWI:
- A suspended driver’s license for anywhere between 30 to 90 days.
- If it is a probationary license, then there is a mandatory four-hour remedial driving course; and it must be probationary for an additional year.
- If it is a learner’s permit, then there is a mandatory four-hour remedial driving course; and it must be suspended for an additional 90 days.
- Mandatory attendance at the New Jersey Intoxicated Driver Resource Center (IDRC) for up to 48 hours.
- Mandatory community service for anywhere between 15 to 30 days.
- The offense must be disclosed on your permanent driving record, without an option for expungement.
- A suspended driver’s license for anywhere between 30 to 90 days.
- If an underage driver has a BAC level of 0.08 percent or higher and is charged with both an underage DWI and first-offense DWI:
- A suspended driver’s license for up to 90 days.
- Mandatory attendance at the IDRC for up to 48 hours.
- Jail time of up to 30 days.
- A fine of anywhere between $250 to $400.
- An automobile insurance surcharge of $1,000 per year for three years.
- The offense must be disclosed on your permanent driving record, without an option for expungement.
You must not question your instinct to retain the services of a skilled Morristown criminal defense lawyer. Our team at Graves Andrews, LLC will work to determine which legal option best suits you.
