What You Should Know About Underage DUI in New Jersey

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Children will be children. They tend to think they are invincible and that nothing can hurt them. However, the state of New Jersey does not feel the same way, especially in regards to a minor driving while intoxicated. If you or your child needs help preparing for an upcoming case, please read on, then contact an experienced Mercer County DUI lawyer to learn what you should know about underage DUI in New Jersey.

Underage DUI in New Jersey

If you are under the age of 21 and drive with any detectable amount of alcohol in your system (.01% blood alcohol content or above) and are convicted for violating New Jersey’s zero tolerance law, the penalties are:

  • Loss or postponement of driving privileges for 30 to 90 days
  • 15 to 30 days of community service
  • Referral to an Intoxicated Driver Resource Center or participation in an alcohol and traffic safety education program
  • Fines of $500

These penalties apply whether or not you yourself were driving.

How long will an underage DUI conviction stay on your record in New Jersey?

A DUI case cannot be expunged in the state of New Jersey. However, the crime will be removed from your record after a period of 10 years. DUI cannot be expunged because state law classifies it as a traffic offense rather a criminal offense. While generally it will not be discovered during a criminal background check, it would be foolish to leave such things to chance. In many instances, these convictions are a matter of public record and anyone determined enough can find them out. You could face severe disadvantages in employment, housing, government benefits, students loans and much more.

How can a Mercer County criminal defense attorney fight your charges?

Reaching out to a skilled Mercer County criminal defense lawyer is an important first step. The potential defenses against DUI charges that your attorney will explore on your behalf include arguing that the law enforcement stop was unlawful and that the authorities improperly administered a Field Sobriety Test. If the officer failed to demonstrate the test, failed to explain all the instructions, failed to inform you that you were allowed to remove high heels during the test or you have a health issue that prevents you from being able to take a breath test, that can all be used in your defense. Fighting for you and your future will be an uphill battle. Let a qualified legal representative do it for you. Call us today.


Here at the Law Office of Douglas Herring, we believe that everyone accused of a crime is entitled to due process. No one facing a criminal matter should proceed without a competent attorney on their side. We are here to listen to your case, determine the best strategy going forward, and fight for your rights. Contact us today so we can get started. 

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