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Driving under the influence (DUI) is a serious offense in New Jersey, especially for drivers who are not legally permitted to buy or consume alcohol. NJ enforces strict laws regarding impaired driving and these rules can be even more stringent when it comes to individuals who should not be drinking just yet. If you are under the age of 21 and are arrested for a DUI you may be nervous about how your charges can affect your driving record and future. Understanding the potential consequences of an underage DUI and the options you are afforded is crucial to protecting your rights. For more information and to secure skilled legal counsel, reach out to a Mercer County DUI lawyer today.
What Are NJ’s Underage DUI Laws?
According to New Jersey state law 39:4-50.14, it is illegal for any person under the age of 21 to drive while impaired by any amount of drugs or alcohol. More specifically, the law prohibits anyone under 21 from driving with a BAC (blood alcohol content) of 0.01% or higher. While drivers 21 and older are considered legally intoxicated with a BAC of .08%, drivers under 21 are subject to much more rigid standards. A BAC of .01% can result in an arrest and DUI charges, known as an underage or “baby” DUI.
What Happens if I Get a DUI Under the Age of 21 in NJ?
If you are caught driving under the influence you can face serious legal penalties, but those consequences will be even more severe if you are not of legal drinking age. A driver who is charged with driving under the influence with a BAC of at least 0.01 but less than 0.08% will be charged with a baby DUI. However, if the underage individual’s BAC is 0.08% or greater they can be charged with both a standard DUI and underage DUI.
If you are charged with an underage DUI in New Jersey, you can incur the following penalties.
- Forfeiture of the right to operate a motor vehicle on state highways
- Prohibited from obtaining a driver’s license for 30 to 90 days from the date you become eligible for a license or from the date of your conviction, whichever is later
- Mandatory community service for 15 to 30 days
- Required completion of a program at an IDRC (Intoxicated Driver Resource Center)
If your BAC is .08% or greater, you can also be subject to the penalties of a standard DUI which can include significant fines, required use of an IID, potential jail time, and more.
It is also important to note that driving under the influence is not the only law that was broken. The above penalties can be issued in addition to the consequences of possession and consumption of an alcoholic beverage under the legal age, misrepresentation of your age to obtain alcoholic beverages, and other relevant regulations.
To obtain skilled legal representation during your case, contact an experienced defense attorney today.
