Underage Driving While Intoxicated (DWI)

Linden NJ Underage DWI Lawyer

While a parent hopes their underage child will not drive while intoxicated or while under the influence of drugs like marijuana, it is an unfortunate reality that many do. When they get caught, it results in, at a very minimum, an arrest for underage dwi in accordance with N.J.S.A. 39:4-50.14. If the blood alcohol content (“BAC”) of the underage motorist is at least .08%, a regular DWI charge is also filed. If you are seeking a lawyer to defend an underage defendant who was charged with drinking and driving, you can reach a lawyer at our firm 24/7 at 908-272-1700. The attorneys on the staff at the Law Offices of Jonathan F. Marshall are truly unique when it comes to defending DWI and related offenses in Roselle Park, Union, Linden, Elizabeth, Cranford and elsewhere in Union County. Aside from having over 100 years of combined experience, including significant time serving as DUI prosecutors, our lawyers have extensive advanced training in DUI defense. Five of the members are among approximately fifty statewide who are certified on the Alcotest breathalyzer. Three also hold a certification as instructors in field sobriety testing, a credential held by less than then in NJ. For immediate assistance from an attorney, contact our Union Township Office at 908-272-1700. A lawyer is ready to review your case immediately and initial consultations are free of charge.

Basics That You Need To Know About Underage DWI

First and foremost, you should know that a violation of N.J.S.A. 39:4-50.14 occurs when an individual under legal drinking age operates a motor vehicle with any level of alcohol in their system (i.e. at least .01% BAC). The standard to prove driving while intoxicated underage is clearly much less than that needed to prove a normal DWI but the good news is that the penalties are less severe. Notwithstanding, if you recorded a BAC of .08% or higher, you are probably also facing a DWI/DUI offense under N.J.S.A. 39:4-50. This charge involves significantly more serious penalties and should be avoided at all cost. And while there is no plea bargaining away a 39:4-50 offense, the lawyers at our firm are able to achieve this result in a much higher percentage of cases than you might expect. The primary way this is accomplished is by successfully attacking the breathalyzer reading so that it is excluded from the case. This means many thousands of dollars in savings in terms of surcharges, fines and increased insurance premiums, not to mention much less in terms of license suspension.

Penalties for Underage Drinking and Driving

When an individual under legal drinking age operates a motor vehicle with a BAC greater than .01 but below .08, he/she faces the following:

  • 30 to 90 day license suspension
  • 15 to 30 days of mandatory community service
  • Participation in intoxicated driver education at IDRC

The same individual will face the following if they are convicted of DWI because a BAC of .08% or more was placed into evidence in their case:

  • Fines and court assessments that can approach $1,000
  • License suspension of 3-12 months (i.e. 3 months for readings .08-.099% and 7-12 months for readings of .10% or more)
  • Fine between $250 and $400
  • Up to 30 days in jail
  • Participation in the IDRC
  • $1,000 annual surcharge for 3 straight years to the NJDMV
  • For BAC of .15% or above, mandatory installation of an ignition interlock on all registered vehicles

Cranford NJ Underage DWI Attorneys

Cranford is one of the busiest municipalities in Union County when it comes to individuals arrested for DWI, DUI and breath test refusal. Not surprisingly, a summonses/ticket is issued for underage DWI frequently as well. If your son or daughter was charged with DWI or DUI in this or another town, for example, Westfield, Berkeley Heights, Clark or Springfield, you should strongly consider contacting the Law Offices of Jonathan F. Marshall to speak to one of our attorneys immediately. The penalties if you fail to defend this charge successfully are extreme and warrant your taking the time to speak to a lawyer who is skilled in underage offenses, especially when you consider that the consultation is free of charge. An attorney is ready at 908-272-1700 for a free consultation immediately.