Underage Driving Under the Influence (DUI)
Our Lawyers Will Help if You Have Been Charged
Having an underage driving under the influence (DUI) conviction on your record can pose significant hurdles for the rest of your life. Under New Jersey’s Zero Tolerance Law, it is illegal for drivers under 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.01 percent or higher. Underage drivers whose BAC is 0.08 percent or higher will be charged as adults and face much harsher penalties.
Underage drivers and passengers may also face additional DUI-related charges, such as underage drinking and the presence of an open container of alcohol. Each of these offenses carries its penalties. Convictions for either or both are combined with the penalties for an underage DUI conviction.
New Jersey underage DUI laws also apply to operating a boat after consuming alcohol. You can also be charged for allowing someone else who is intoxicated to operate a motor vehicle or boat you own.
What Are the Penalties for Underage DUI in New Jersey?
Under zero-tolerance laws, drivers under age 21 can be convicted of an underage DUI with a BAC between 0.01 percent and 0.08 percent. Penalties for an underage DUI in New Jersey can include:
- License suspension for 30 to 90 days or 7 to 12 months if arrested in a school zone.
- Fines of $300 to $500, or $600 to $1,000 if arrested in a school zone.
- Community service of 15 to 30 days.
- Participation in Intoxicated Driver Resource Center alcohol and traffic safety education programs or classes.
- Installation of an ignition interlock device on your vehicle from six months to four years after your license is restored.
Penalties are more severe for second or subsequent offenders. Other long-term consequences can significantly impact your life, including increased car insurance premiums or refusal of coverage and lost employment opportunities, as many employers conduct background checks.
What If I Refuse to Take the Breathalyzer or Field Sobriety Tests?
New Jersey is an “implied consent” state, meaning you automatically give your consent to submit to the breathalyzer test if a police officer has probable cause to suspect intoxication. Refusal is not limited to spoken words. There are several scenarios in which you can be charged with refusing the test, including:
- Expressed refusal: Stating “no” results in an automatic refusal charge.
- Silence: While you have a constitutional right to remain silent, New Jersey courts have held that this right does not apply to consenting to a breathalyzer test.
- Short samples: Attempting to fake breath, minimize blowing, insufficient air volume or failure to maintain a breath is considered a refusal.
- Delaying or stalling: Any tactics intended to delay or stall taking the test can legally be interpreted as a refusal.
- Conditional consent: Anything other than “yes” or “I will” can be construed as a refusal in New Jersey and interpreted as a refusal to submit to the breathalyzer test.
Refusing a breathalyzer test is a separate offense and carries its penalties. Refusing field sobriety tests can also be used against you in court, though officers cannot issue tickets for refusing to perform during the traffic stop. If you refuse field sobriety tests, you can still be arrested based on evidence such as your driving performance, appearance, speech, alcohol smell, and behavior.
Can Parents Be Responsible for an Underage DUI in New Jersey?
Parents who knowingly provide alcohol to their underage children or allow them to drive under the influence can be held liable. New Jersey law requires a parent or legal guardian to exercise reasonable supervision or control of children under age 21 when it comes to drinking alcohol. The law does allow parents or guardians to serve alcohol to minors in the privacy of their own homes, but they can be responsible for a child driving while intoxicated.
Can an Underage DUI Charge Be Reduced in New Jersey?
In some instances, a DUI charge can be reduced to a lesser offense, such as reckless driving. Your lawyer may also be able to negotiate a plea bargain, which can reduce the severity of the charges and penalties. Depending on the circumstances, it may also be possible to challenge the charges altogether.
What Must the Prosecutor Prove for a Conviction?
New Jersey’s strict underage DUI laws require the prosecutor to prove the following elements to secure a conviction:
- Age: You were under the age of 21 at the time of the offense
- Operation: You were driving, attempting to drive, or having actual physical control of the vehicle
- Alcohol: You had a BAC of 0.01 percent or higher
- Arrest: Your arrest must have been lawfully conducted, including reasonable suspicion or probable cause to stop and subsequently arrest you for underage DUI.
What Are Potential Legal Defenses for Underage DUI?
Each case is unique, and potential defenses depend on the specific circumstances of your case, but some common potential defenses include the following:
- Breathalyzer malfunction
- Administration
- Field sobriety test
- Legality of the initial traffic stop
- Miranda Rights violations
- Probable cause
- BAC challenge
Can an Underage DUI Conviction Be Expunged in New Jersey?
A DUI conviction cannot be expunged. New Jersey considers DUI offenses as serious traffic violations rather than crimes, so a conviction does not result in a criminal record. Underage DUI convictions appear on your driving record for life, however, and can be seen in background checks, impacting your ability to get a job. For this reason, it is crucial to hire an experienced New Jersey underage DUI defense lawyer to fight the charges.
Can an Underage DUI Conviction Impact My Future?
An underage DUI conviction can have a significant impact on future education and career plans, as many colleges and universities deny candidates that they consider less responsible. Underage DUI charges are motor vehicle offenses in New Jersey and stay on your record permanently, meaning they will be discovered in background checks during the college acceptance phase. An underage DUI conviction can impact your college plans in several ways, including:
- Admissions: Many college applications include questions about past arrests and convictions and may reject or put you on a waiting list with an underage DUI conviction on your driving record.
- Restrict programs: Your chances of being accepted into special programs, such as pre-med, nursing, criminal justice, or pre-law programs, are significantly reduced with an underage DUI conviction. You can also be removed from such programs if you receive a DUI conviction while attending.
- Financial aid and scholarships: Some lenders and scholarship providers have strict policies against individuals with underage DUI convictions on their records.
- Student housing: Many colleges strictly enforce rules for students living in campus housing, and a DUI conviction can lead to eviction from student housing.
An underage DUI conviction can also impact employment prospects, especially in law enforcement, healthcare, or professions that require driving.
How Can Ellis Law Help With My New Jersey Underage DUI Charge?
If charged with underage DUI, the sooner you involve Ellis Law, the better. Our New Jersey underage DUI defense lawyers can aggressively challenge the charges. We can review your case for disputable evidence, such as:
- Lack of probable cause or reasonable suspicion for stopping you.
- Lack of probable cause to suspect DUI.
- Improper inspection and certification of the Draeger Alcotest machine.
- Failure to advise you of your Miranda Rights.
Our skilled attorneys will also review police reports, bodycam footage of the stop, testing, and arrest, and interview witnesses. We will pursue any viable avenue of reducing or dismissing the charges against you, ensure your legal rights and best interests are protected, and secure the best possible outcome of your case to safeguard your future.
The New Jersey Underage DUI Defense Lawyers at Ellis Law Assist Minors Charged Under Zero Tolerance Laws
At Ellis Law, we understand young adults make mistakes, but one mistake should not affect your future. Our knowledgeable and experienced New Jersey underage DUI defense lawyers can help you protect your rights. Call 732-308-0200 today or contact us online to schedule a free consultation. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
