When a person is driving under the influence of alcohol or controlled substances, they may be charged with a DWI. However, there may be separate penalties and rules that apply to drivers who are too young to legally buy and consume alcohol. If your child is charged with a DWI, an attorney can help them determine how to defend themselves and minimize the penalties of their DWI.
When an underage driver is pulled over for a suspected DWI, they may face penalties even if their blood alcohol concentration (BAC) is not .08%. In fact, a BAC of only .01% may be enough to warrant charges. Additionally, underage drivers might face additional penalties for the unlawful possession or consumption of alcohol. Talk to your attorney about how to defend yourself. Were you actually intoxicated? Maybe the BAC measurements are incorrect. Maybe you are not underage, and there has been some sort of mistake. Anything is possible. Hiring an attorney for your child’s case is important, as a DWI might have a negative impact on their future.
Contact Lombardo Law Group and ask our New Jersey DWI attorneys for a free evaluation of your case to begin by calling (609) 418-4537.
What Happens to Underage Drivers Charged with DWIs in New Jersey?
Driving under the influence is a bad idea, no matter how old you are. While any driver may be charged with a DWI, drivers who are too young to legally obtain alcohol might face separate penalties and harsher restrictions. According to N.J.S.A. § 39:4-50.14, if you are under 21 and driving with a BAC of at least .01% but less than .08%, you will lose your license or be barred from obtaining a license for no less than 30 days nor more than 90 days after becoming eligible to receive one. You may also be required to perform community service for at least 15 days and up to 30 days and go to an alcohol education program.
Additionally, you may be charged under § 2C:33-15(a)(1) for the underage possession or consumption of alcohol. For drivers ages 21 and older, being drunk is not a crime, as long as it is not behind the wheel of a car. It is not illegal to have and consume alcohol at a bar or party. However, those younger than 21 may not legally purchase or consume alcohol, and simply having it with you might be enough to warrant additional charges. Our New Jersey DWI attorneys will help you fight criminal charges while also dealing with the DWI.
Finally, even underage drivers may be charged with standard DWI charges. If the minor driver has a BAC of at least .08%, they may face the same DWI charges and penalties as any other driver under § 39:4-50(a). This could cost your child their license for a long time. If they do not have a license yet, they might be barred from obtaining one for several months or more.
How to Defend Yourself as a Minor Facing a DWI in New Jersey
The best way to defend yourself against DWI charges depends on your specific case and situation. A lawyer can help you determine the best path forward. One possibility is that you were not intoxicated. Remember, underage drivers may be charged even if they have a BAC as low as .01%. A BAC this low might not be entirely accurate. Certain medications or even mouthwash might influence the results of a breath test.
Another possibility is that you are not underage. Perhaps there was some mistake made when it came to determining your age. Maybe the police misread your ID. Maybe you turned 21 very recently, and the police still believe you are only 20. This might be an easy mistake to correct. We might change the course of your case by presenting the court with accurate identification papers.
Maybe you had alcohol in your possession when the police pulled you over, but the alcohol was in sealed containers. It is not a crime to transport the alcohol someone else purchased. Maybe an older sibling or parent purchased the alcohol and accidentally left it in your car. Maybe they asked you to grab it and drive it over to them for a party or event with friends. If they can testify that the alcohol was not yours and that it was indeed sealed, we might be able to fight the charges.
Why You Should Hire a Lawyer for an Underage DWI Case in New Jersey
The consequences of a DWI for underage drivers may be more serious than you realize. Younger drivers have their entire lives ahead of them, and more might be at stake if they get a DWI. For example, many young drivers are in high school and getting ready to apply to college. Many colleges and universities require applicants to disclose information related to legal trouble or criminal records. Young people are sometimes rejected from schools because of DWIs.
Having a DWI might interfere with a student’s ability to get to school or even complete school. Many young would-be drivers must defer getting a license because of alcohol-related charges. Students who have a much harder time getting to school might not perform as well, and their academic standing might be in jeopardy.
Even if your child has graduated school, they might still be under 21. Having a DWI or any alcohol-related charges on their record might make it much harder to find a job. Potential employers may run background checks, and once they see the DWI or other charges, they might decide not to extend an offer of employment.
Your attorney can help your child fight the charges against them and hopefully keep their record as clean as possible. This way, they will have an easier time pursuing future opportunities.
Contact Our New Jersey DWI Attorneys for Help Today
Contact Lombardo Law Group and ask our Folsom, NJ DWI attorneys for a free evaluation of your case to begin by calling (609) 418-4537.
