What Are the Penalties for a Hit-and-Run Accident?
If you were charged with an underage DWI in New Jersey, you will need an experienced criminal defense attorney on your side. Do not hesitate to reach out to our firm today to begin working on your defense with our skilled legal team.
What constitutes an underage DWI in New Jersey under N.J.S.A. 39:4-50.14?
In the state of New Jersey, a driver over the age of 21 with a blood alcohol concentration (BAC) of .08% or above will likely be charged with a DWI. However, if an underage driver (below the age of 21) is pulled over with a BAC of just .01%, he or she will face even harsher consequences. New Jersey maintains a strict “zero tolerance” policy for underage drinking and driving.
What are the statutory penalties for a New Jersey underage DWI offense?
Underage DWI penalties will heavily depend on the individual’s BAC and if there were any prior convictions. If you are underage and received your first DWI offense, you will likely face the following:
- Completion of alcohol education programs at the Intoxicated Driver Resource Center (IDRC)
- 15 to 30 days of community service
- Various fees and fines, including a $500 enforcement fee
- A driver’s license suspension or delay in processing between 30 and 90 days
Additionally, if an underage driver’s BAC is 0.08% or higher, they will face the standard adult penalties under N.J.S.A. 39:4-50, which may include the mandatory installation of an ignition interlock device (IID).
What should I do if I was charged with an underage DWI?
New Jersey is not lenient when it comes to DWI charges, which is why it is very important that you comply with the officer after you have been pulled over. If you do not take a breathalyzer test, your penalties may increase. Under New Jersey’s implied consent law (N.J.S.A. 39:4-50.2), refusing to take a blood test will result in automatic license suspensions, which is entirely separate from your criminal DWI case. If you are pulled over and charged with an underage DWI, you will likely face stricter consequences. There are several defenses that can be used by those charged with a DWI. Some of the most common include the following:
- Failure to abide by the 20-minute continuous observation rule before administering the breathalyzer
- The initial traffic stop was conducted illegally by the law enforcement officer without reasonable suspicion
- Issues with field sobriety tests (FSTs)
- The officer did not read all of the instructions
- The officer did not demonstrate the test
- The officer failed to inform you that you can remove high heels or other footwear
- You had health issues or physical injuries that hindered your capacity to successfully take the field sobriety test
It is in your best interest to reach out to our firm if you have been charged with an underage DWI. You will need a skilled criminal defense attorney on your side during this process. Our firm is equipped with the knowledge and experience required to determine the best defense for you. Do not hesitate to reach out to us as soon as possible to start your defense claim.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM FOR A CONSULTATION
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.
