Underage DWI/DUI Offense in Pemberton New Jersey
New Jersey has strict rules for underage drinking and driving. There is zero tolerance for operation of a motor vehicle after consuming alcohol when an individual is under twenty-one years of age. Even the slightest breath test reading results in a violation of the underage DWI statute, N.J.S.A. 39:4-50.14. If you or your child was charged with motor vehicle operation by an underage drinker, our Mt. Laurel law firm is equipped to succeed on your behalf. We possess a staff of former DUI prosecutors and skilled attorney with well over twenty years in practice in many cases. Many of the members of the team are also certified on the Draeger Alcotest, as well as in Standardized Field Sobriety Testing by the National Highway Traffic Safety Administration, distinctions held by an extremely small percentage of DWI lawyers in the state. To discuss your options in defending a Evesham, Cinnaminson, Florence or Bordentown charge, call us at 856-234-8900 to speak to an experienced drunk driving lawyer.
Burlington Underage Drinking & Driving Charge
The underage drinking and driving law does not leave much for debate. The can be no level of alcohol in a motorist’s system if they are under legal drinking age (i.e. 21 years old). The statute provides that:
39:4-50.14. Operation of motor vehicle by person who has consumed alcohol but is under the legal age to purchase alcoholic beverages; penalties
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 Director of the Division of Motor Vehicles.
It is important to keep in mind that this violation is independent from any DWI that may have also been filed because the driver’s blood alcohol concentration was at or above the legal limit. Typically, when the breath test reveals a reading above .08%, the motorist is charged with both DUI and underage DWI. The penalties that apply under 39:4-50.14 are significantly less so it is always highly favorable if you can suppress the breath or blood test results. When this occurs, the accused will be facing a case without readings and the best the prosecutor can prove is a much less consequential underage violation.
Penalties in Southhampton For Underage DUI
Unlike a regular DWI violation that results in thousands of dollars in surcharges, significant periods of license suspension and even jail, an underage summons avoids many of these ramifications. For a first offense, there is a 30-90 driver’s license suspension, no fine, community service, and mandatory alcohol education. Significantly, a conviction does not result in the $1,000-$1,500 annual surcharge for three years nor does the 39:4-50.14 offense count as a prior DWI conviction.
Delran NJ DWI Underage Lawyers
The police department in Delran is no different than any other in Burlington. There is no tolerance for children who get behind the wheel after consuming alcohol underage. So do not be foolish enough to think that the police, prosecutor or judge is going to be your child’s friend when it comes time for court. You need experienced counsel to help you minimize or even avoid a conviction. The attorneys at the Law Offices of Jonathan F. Marshall are some of the most extensively trained in the state and certainly have the qualifications to assist you. Call us anytime at 856-234-8900.
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