It is illegal to consume alcohol if you are under the enforced drinking age of 21. It is also unlawful to get behind the wheel of a vehicle while under the influence of alcohol. And so, if you are caught violating both of these laws, you may be in serious legal trouble. With that being said, please continue reading to learn whether you will have to serve any jail time after committing an underage driving under the influence (DUI) DUI offense and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC can help you avoid a permanent criminal record that you will have to carry with you.
Will I go to jail for an underage DUI offense in New Jersey?
While an underage DUI is considered a criminal offense in the state of New Jersey, it may not be associated with jail time or a prison sentence. Alternatively, the judge may order you to serve 15 to 30 days of community service. But this may be in addition to other criminal punishments, such as a driver’s license suspension for 30 to 90 days, fines and fees, and attendance at an Intoxicated Drivers Resource Center.
On this note, it is worth mentioning that you may be charged with an underage drinking offense even if your blood-alcohol content (BAC) level was measured as low as 0.01 percent. This is opposed to the standard, tolerated legal limit of 0.08 percent. This is because, to reiterate, drinking when you are younger than 21 is illegal as it is, so New Jersey has a zero-tolerance policy if you decide to operate your vehicle afterwards.
What if I am found as the underage, intoxicated passenger?
You may assume you are making a wise decision when handing your car keys to a sober driver and taking the passenger seat. However, if your vehicle is pulled over and a law enforcement officer conducts a traffic stop, you may still get in trouble. This is if the officer discovers that you consumed alcohol and you are underage. This is considered a disorderly persons offense, which possibly means up to six months in juvenile detention, or alternative sentences like community service, probation, or restitution.
There may even be consequences if you are caught with alcohol in your vehicle, even if it was not opened or consumed. With this, you may get your driver’s license suspended for up to six months or postponed until you turn 21. Lastly, even as an underage passenger, you may be charged with a DUI if you allow an intoxicated individual to take control of your vehicle. If the driver is also underage, this may apply if they were found to have a BAC level of 0.01 or higher.
The first step toward preparing yourself for this legal action is to retain the services of a skilled Morristown criminal defense lawyer. Look no further than Graves Andrews, LLC.