Totowa NJ Underage DWI Defense Attorney
DWI Defense Lawyer for Clients in Passaic County, New Jersey
If you or a loved one has been charged with underage DWI in New Jersey, do not wait to speak to a DWI defense attorney. Alissa D. Hascup has had great success defending clients charged with drunk driving offenses, including underage DWI and refusal to take a breath test in Passaic, Wayne, Little Falls, and Ringwood. Ms. Hascup has experience in the courtroom as both a DWI defense attorney and a DWI prosecutor. Her unique knowledge of DWI defense in New Jersey has enabled her to cultivate advanced defense strategies that she will use to help you challenge your DWI charges.
New Jersey Underage DWI Statute: N.J.S.A. 39:4-50.14
In New Jersey, a charge for underage DWI is grounded in N.J.S.A. 39:4-50.14, which provides, in pertinent part:
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.
Elements of an Underage DWI Offense in New Jersey
When prosecuting an underage DWI case, the State must prove beyond a reasonable doubt that:
- The driver was under the age of 21 at the time of the traffic stop;
- The driver operated a motor vehicle on the roads of the State of New Jersey; and
- The driver had alcohol in his or her system while operating the motor vehicle. Although the threshold for adult drivers is a blood alcohol content (BAC) of .08% or higher, this does not hold true for underage drivers. In New Jersey, ANY amount of alcohol will trigger a charge for underage DWI.
Penalties for Underage DWI in New Jersey
As indicated by the statute, the penalties for underage DWI include:
Suspension of Driver’s License: Loss of driver’s license for a period of between one (1) month and three (3) months. If the defendant did not have a license at the time of the arrest, then he or she will be subject to license suspension at a later date.
Intoxicated Driver Resource Center (IDRC): Required to participate in an intensive alcohol education program at the IDRC.
Community Service Requirement: Required to perform at least 15 but no more than 30 days (or 180 hours) of community service.
Schedule a Free Consultation with a Passaic County NJ DWI Lawyer
If you or a loved one has been charged with underage DWI, do not wait to contact an attorney. Ms. Hascup is fully prepared to look over your file and devise a strategy to help you reduce or avoid underage DWI penalties. Call or email her today.