Morristown NJ Underage DWI Lawyer
Drunk Driving Defense Attorneys in Morris County, New Jersey
Driving while intoxicated (DWI) charges are a serious offense in New Jersey. A DWI conviction can have a long-term impact on your family, friends, finances, and employment opportunities. You need an experienced team of NJ DWI lawyers to fight your DUI/DWI charges.
The Tormey Law Firm is a team of experienced criminal defense and drunk driving attorneys who have been representing clients throughout New Jersey for years. We have represented thousands of clients charged with alcohol related offenses including refusal to submit to a breath test, DWI in a school zone, and underage DWI throughout Morris County. In fact, our founding partner, Travis J. Tormey, is one of a handful of NJ attorneys who are certified Alcotest 7110 operators, the breath-testing device used throughout the State. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath-testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case.
Underage DWI Charges in New Jersey
A violation for underage drinking and driving in New Jersey is governed by N.J.S.A. 39:4-50.14, which provides, in pertinent part:
§ 39:4-50.14. Penalties for underage person operating 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.A. 2C:33-15, R.S. 33:1-81, R.S. 39:4-50 or any other law.
Elements of Underage DWI in New Jersey
In order to prove an underage DWI offense anywhere in New Jersey, the State must prove the following beyond a reasonable doubt:
- The driver was under 21 years of age at the time of the stop
- The driver operated a motor vehicle on the roads of the State of New Jersey
- The driver had any alcohol in his/her system at the time of the stop
Therefore, although the legal limit in New Jersey is .08% Blood Alcohol Content (BAC), this does not apply to those individuals under the legal drinking age of 21. It is illegal for someone who is underage to have ANY alcohol in their system while operating a motor vehicle in New Jersey.
It is important to remember that an underage DWI does not count as a prior DWI if you are charged with an adult DWI in the future. As such, if you have a prior underage DWI on your record and you receive an adult DWI in the future, you are facing first offense DWI penalties (as opposed to second offense penalties).
Note: Our firm uses a retired State trooper who is a certified operator of the Alcotest 7110, the breath testing device used in all New Jersey DWI cases. He is also certified in field sobriety testing. He will review all evidence, police reports, and videos and draft a report of his own to challenge the State’s evidence in court.
Contact a Rockaway NJ Underage DWI Lawyer to Discuss Your Case
Our experienced criminal defense lawyers are available immediately to assist you with your DWI case in New Jersey. Contact our offices anytime for a free initial consultation at 866.949.6948. We are happy to talk to you about your case.