Underage DWI/DUI in New Jersey

Underage DWI/DUI in New Jersey

The act of operating a motor vehicle in New Jersey while under the influence of alcohol is governed under New Jersey Statute N.J.S.A. 39:4-50.  That charge has its own set of consequences and penalties.  If someone under the age of twenty-one (21) consumes alcohol and operates a motor vehicle in New Jersey, they are subject to a new charge under, N.J.S.A. 39:4-50.14, which carries with it additional consequences and penalties.

“Underage DUI” in New Jersey, N.J.S.A. 39:4-50.14, prohibits a person who is under the legal age to purchase alcoholic beverages from operating a motor vehicle with a blood-alcohol concentration of 0.01% or more, but less than 0.08%.  One can be convicted of both an Underage DUI and DUI under N.J.S.A. 30:4-50.

Additional Penalties

In addition to the consequences and penalties set forth in N.J.S.A. 39:4-50 (DUI), N.J.S.A. 2C:33-15 (underage possession or consumption of alcoholic beverage) or N.J.S.A. 33:1-81 (underage purchase of alcoholic beverage), one convicted of Underage DUI (N.J.S.A. 39:4-50.14) is subject to additional penalties:

  • 30 to 90 day drivers license suspension
  • 15-90 days Community Service

New Jersey Underage DUI Statute

§ 39:4-50.14. Penalties for an underage person operating a 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. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.

If your son or daughter is under the age of 21 and has been charged with DUI, you should speak with an experienced Burlington County Juvenile Lawyer to get help building a DUI charge defense.