Underage DWI

New Jersey has a law especially designed to address operation of a motor vehicle by individuals who have consumed alcohol while under the legal age to do so.  The legal age to consume alcohol in New Jersey is 21.  New Jersey statute 39:4-50.1 outlaws the operation of a vehicle by anyone under the legal age to purchase alcohol when that person has consumed any alcohol. 

In underage DWI cases, the State has to prove three things: 1) that the defendant operated a motor vehicle; 2) that the defendant was under the legal age to purchase alcohol; and 3) that the defendant’s blood alcohol concentration was above 0.01% but below 0.08%.  If the underage defendant’s blood alcohol concentration is 0.08% or higher, he or she will be charged with an adult DWI, regardless of age. 

Defendants convicted of underage DWI face significant penalties.  First, defendants face a loss of driving privileges for a period between 30 and 90 days.  Second, convicted defendants must serve a minimum of 15 days community service.  The maximum term of community service is 30 days.  Finally, those found guilty face 12 to 48 hours in the Intoxicated Driver Resource Center (IDRC).  The IDRC is a program administered by the Department of Health and Senior Services that conducts screening, evaluation, referral and treatment of convicted drunken drivers.

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