Driving under the influence (DUI) is a serious offense, and for drivers under 21 in New Jersey, the penalties can be even more severe due to the state’s strict zero-tolerance policy. If you or someone you know is facing an underage DUI charge, understanding the specific laws, penalties, and your rights is essential.
This blog breaks down the rules governing underage DUI in New Jersey, the potential consequences, and how an experienced DUI defense lawyer can help protect your future.
New Jersey’s Zero-Tolerance Policy
New Jersey has implemented a zero-tolerance policy for underage drinking and driving, reflecting its commitment to keeping young drivers and others on the road safe. This policy makes it illegal for drivers under 21 to operate a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher.
Why 0.01%?
Unlike the 0.08% BAC threshold for drivers over 21, the lower limit for underage drivers aligns with the state’s stance that individuals under 21 should not consume alcohol. A BAC of just 0.01% can result from consuming even a small amount of alcohol, making it easy for young drivers to violate the law unintentionally.
What Constitutes an Underage DUI in New Jersey?
An underage DUI in New Jersey occurs when a driver under 21 operates a vehicle with a BAC of 0.01% or higher. It’s important to note that charges can apply even if the driver is not impaired but has any detectable alcohol in their system.
How BAC is Measured:
- Breathalyzer Tests: Law enforcement commonly uses breathalyzers to measure a driver’s BAC at the scene.
- Field Sobriety Tests: Officers may also conduct physical coordination tests to evaluate impairment.
- Blood or Urine Tests: In some cases, chemical tests may be used to determine BAC levels.
Refusing a chemical test can lead to additional penalties under New Jersey’s implied consent laws.
Penalties for Underage DUI
The penalties for underage DUI in New Jersey vary depending on the driver’s BAC level and whether this is their first offense.
BAC Between 0.01% and 0.08%:
- License Suspension: 30 to 90 days, but could be up to six months depending on the circumstances.
- Community Service: 15 to 30 days.
- Intoxicated Driver Resource Center (IDRC): Completion of an alcohol education program.
- Fines: Up to $500
BAC Above 0.08%:
Drivers under 21 with a BAC above 0.08% are subject to the same penalties as adult offenders, which may include:
- License Suspension: Minimum of 3 months
- Fines: Ranging from $250 to $500.
- IDRC Program: Required participation.
- Ignition Interlock Device (IID): Installation of an IID for a specified period, usually lasting up to 12 months.
- Jail Time: Potential incarceration for up to 30 days.
The Long-Term Consequences of an Underage DUI
An underage DUI conviction can have far-reaching implications beyond the immediate penalties.
- Impact on Driving Privileges: Losing your license at a young age can disrupt school, work, and social commitments. Restoring driving privileges often involves additional costs and compliance requirements.
- Increased Insurance Rates: Auto insurance companies view DUI convictions as high-risk behavior, often resulting in significantly higher premiums or policy cancellations.
- Personal Reputation: The stigma associated with a DUI conviction can damage relationships and your standing in the community.
How a DUI Defense Lawyer Can Help
If you’re facing underage DUI charges, working with an experienced DUI defense lawyer is critical. A skilled attorney can evaluate your case, identify potential defenses, and advocate for the best possible outcome.
Common Defense Strategies:
Here are some of the most common defense strategies for cases like this:
- Challenging BAC Evidence: Your lawyer can review the procedures used to measure your BAC and identify any errors in equipment calibration or testing protocols.
- Questioning the Stop: Was the traffic stop lawful? Your attorney will assess whether the officer had a valid reason to stop your vehicle in the first place.
- Negotiating Reduced Charges: In some cases, a lawyer can negotiate with prosecutors to reduce charges, potentially avoiding a conviction altogether.
Steps to Take If You’re Charged with an Underage DUI
If you or a loved one is facing underage DUI charges, taking the following steps can strengthen your defense and protect your rights:
Remain Calm and Cooperative
Avoid arguing with law enforcement officers or resisting arrest. Remaining calm and respectful can prevent additional charges.
Contact a DUI Defense Lawyer Immediately
The sooner you consult an attorney, the better your chances of building a strong defense.
Avoid Self-Incrimination
Refrain from discussing the case with anyone other than your lawyer, including on social media.
Document Everything
Write down all details of the traffic stop, including the officer’s behavior and your interactions.
Comply with Court Requirements
Attend all court hearings, comply with bail conditions, and complete any assigned programs or penalties promptly.
Frequently Asked Questions About Underage DUI in New Jersey
Here are some of the most common questions about underage DUI in New Jersey.
Can I Refuse a Breathalyzer Test?
Under New Jersey’s implied consent laws, refusing a breathalyzer test results in automatic penalties, including a license suspension and fines.
Can an Underage DUI Be Expunged?
In the state of New Jersey, an underage DUI cannot be expunged from your record as it is not considered to be a criminal offense, but rather a traffic violation.
What If I Wasn’t Drunk but Had Alcohol in My System?
Even trace amounts of alcohol can lead to an underage DUI charge under the zero-tolerance policy.
Do Underage DUI Penalties Differ for Out-of-State Drivers?
New Jersey’s laws apply to all drivers, including those with out-of-state licenses. Your home state may impose additional penalties.
Call the Davis Law Firm Today for Skilled Underage DUI Defense in New Jersey
Facing an underage DUI charge in New Jersey is overwhelming, but you don’t have to face it alone. At Davis Law Firm, we understand the complexities of DUI cases and are committed to protecting your rights, reputation, and future.
If you’re under 21 and charged with a DUI, call 609-587-9100 or fill out our online contact form to schedule a consultation with one of our experienced DUI defense lawyers. Let us provide the guidance and advocacy you need to move forward with confidence. We help clients in Hamilton and across New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
