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Individuals under the age of twenty-one who are arrested for Driving While Intoxicated are potentially subjected to two separate DWI offenses. The first offense is an Underage DWI, also referred to as a “Baby DWI”. Secondly, depending upon the facts surrounding the traffic stop and the individual’s blood-alcohol content, he or she may also face a regular DUI ticket. If you or your child have been arrested for and are facing an Underage DUI ticket in Toms River, New Brunswick, Wall Township, Holmdel, Seaside Heights, Edison, Tinton Falls, or Woodbridge, contact McGuckin Law for professional problem solving and assistance through this stressful time at 732.924.4200.
An Underage DWI is a very serious offense that can be compounded and accompanied by a regular DUI offense. In New Jersey a it is illegal for a young person under the age of twenty-one to operate a motor vehicle while under the influence of ANY amount of alcohol. Underage DWIs differ from standard DWIs because rather than meet a .08% BAC (Blood-Alcohol Content), the minor need only blow above a .01%. An individual who is not of age to consume alcohol, therefore, can be charged with a Baby DUI if any amount of alcohol is found in the breath test results.
Underage DUIs are further aggravated if the young individual’s BAC is ,08% or greater. In this case he or she will be charge with an underage DUI in addition to a standard DUI and face the same consequences faced by adults which include an additional 3-12 month loss of license, thousands of dollars in fines, and potential installation of an ignition interlock device. As you can see, an underage DWI can be a life-altering event for you or your child. McGuckin Law is experienced in handling Underage DUI charges throughout Central NJ and the Jersey Shore including Red Bank, Point Pleasant, Sayreville, Stafford Township, Barnegat, Old Bridge, and Freehold.
N.J.S.A. 39:4-50.14. Penalties for underage person operating motor vehicle after consuming alcohol
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.
The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.
Young people often make mistakes. Don’t let your young person’s mistake be too costly. Work with McGuckin Law to achieve the best possible result. We are well versed in attacking the state’s ability to prove its case beyond a reasonable doubt. You should be aware that New Jersey law prohibits plea-bargaining DUI cases and also prohibits probationary driver’s licenses. As a result, the best defense is strong, experienced offense. We will fight your Monmouth, Ocean, or Middlesex County underage DWI ticket. For more information, call us anytime at (732) 924.4200.