Getting a DWI in New Jersey before you turn 21 can have significant consequences. This is because New Jersey, like all states, implements a strict Zero-Tolerance Policy for underage drinking and driving. As such, understanding these unique rules and the penalties you can face is critical if you are facing a DWI under 21 in New Jersey. Please read on and reach out to a knowledgeable Morristown DUI defense lawyer to learn more about underage DWI penalties and how our legal team can combat those charges at every turn.
How Underage DWI Laws Work in New Jersey
Because the legal drinking age is 21, New Jersey implements different legal standards for drivers under the age of 21. These laws, by nature, are much more restrictive than those in place for drivers over 21.
The state’s Zero-Tolerance Policy intends to completely deter underage drinking. As such, a DWI charge does not require visible proof that a driver under 21 is intoxicated.
Blood Alcohol Content Limits for Drivers Under 21
If you’re like most people, you understand that the standard blood alcohol content required to receive a DWI in New Jersey is .08%. However, underage drivers are subject to drastically lower BAC limits.
BAC Standards Under New Jersey’s Zero-Tolerance Policy
- Drivers under the age of 21 may be charged with a DWI if they have a BAC at 0.01%
- Even minimal alcohol consumption can result in serious penalties and arrest
- Officers can rely on blood tests, breathalyzers, and other forms of chemical testing
What Are the Penalties for an Underage DWI in New Jersey?
An underage DWI in New Jersey can result in serious administrative penalties. Though New Jersey classifies DWIs, including those committed by drivers under 21, as traffic violations as opposed to criminal matters, these still result in serious penalties. Additionally, because this is a traffic violation, there is no opportunity to have this removed or expunged from your driving record.
License Suspension and Driving Restrictions
- Suspension of driving privileges for up to 90 days
- Increased suspension period for repeat offenders
- Restrictions can impact school and employment responsibilities
- Implementation of probationary conditions upon reinstatement
Mandatory Programs and Community Requirements
- 15 to 30 days of mandatory community service participation
- Mandatory participation in the Intoxicated Driver Resource Center
- Completion of alcohol education or rehabilitation courses
- Four-hours of additional driving instruction for some drivers
It’s important to understand that these requirements are often mandatory, and failure to comply will result in additional penalties.
Penalties for Underage Drivers With a BAC of 0.08% or Higher
In the event an underage driver is found to be at or over the standard adult legal limit of 0.08%, they can face more serious penalties, as the court may decide to handle this matter as a standard adult DWI. If this is the case, the penalties will expand beyond administrative and community-service-based consequences to include:
- Longer license suspension periods
- Stricter conditions for license reinstatement, including compliance monitoring
- Increased community-service requirements
- Higher insurance premiums
How Underage DWI Charges are Handled in Municipal Court
Underage DWI charges are generally heard in municipal courts rather than the criminal division of the Morris County Superior Court, as these hearings focus heavily on administrative processes rather than criminal punishments. Municipal judges often have broad discretion when implementing penalties like participation in educational programs or community service, though they still must enforce the penalties required by New Jersey Law. As such, understanding how the municipal court process differs from the criminal court process is critical to understand what to expect and how to best prepare for your hearing.
Long-Term Consequences of an Underage DWI in New Jersey
Unfortunately, many young drivers underestimate the long-term impacts that a DWI can have on their lives. While the immediate penalties may not seem that harsh, drivers often feel the impacts of these charges years down the line.
Potential Long-Term Impacts
- Difficulty qualifying for certain educational programs
- Difficulty passing employment-based background checks
- Difficulty when applying for loans or housing
- Difficulty obtaining certain professional licenses
Contact Our Experienced New Jersey Criminal Defense Firm
If you or your child has been charged with an underage DWI in Morris County, connecting with an experienced attorney with Graves Andrews, LLC is in your best interest. We understand that these matters can be incredibly stressful, which is why our firm is committed to helping you fight for the best possible outcome. Contact our office today to learn how we can represent you.