An Underage DWI Charge, commonly referred to as a "Baby DWI", is a serious offense for a young person. In New Jersey, it is illegal for anyone under the age of twenty-one (21) to operate a motor vehicle while under the influence of any alcohol whatsoever. So, as opposed to a normal DWI, if the individual's Blood Alcohol Content is .01% or higher, the driver will be charged with Underage Driving While Intoxicated (DWI). The penalties associated with an Underage DWI (where the BAC is between .01% and .08%) are between thirty (30) days and ninety (90) days license suspension. If the individual's BAC is higher than .08%, the driver is facing the normal suspensions for adult DWI offenders. The New Jersey statute governing Underage DWI is N.J.S.A. 39:4-50.14 which reads in pertinent part:
§ 39:4-50.14. Penalties for underage person operating motor vehicle after consuming alcohol
Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.
In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.
The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.
If you or a loved one has been charged with Underage Drinking and Driving in the State of New Jersey, the DWI lawyers at the Law Offices of Alexander M. Iler can help. Our experienced criminal defense attorneys are available immediately for a free initial consultation.
