New Jersey is one of the toughest states in the country when it comes to DWI penalties and their prosecution. The main reason for this is that prosecutors and courts and are not allowed to plea bargain drunk driving offenses. This means that a lot of DUI charges will end up going to trial if the case is unable to be worked out in pre-trial conference. A conviction for a DWI under the legal drinking age will result in loss of license and other penalties such as community service, interlock device, fines, insurance surcharges. An experienced DWI defense lawyer can present proof issues to the State in order to lower the DWI, get it amended to a lesser offense, or try the case if needed. The veteran defense lawyers and former prosecutors at The Law Offices of Jonathan F. Marshall possess over 100 years of combined experience and hold DWI certifications in standard field sobriety testing and Alcotest operation. Our law firm represents clients throughout Mercer County, New Jersey are surrounding areas including Princeton, East Windsor, Hamilton, Trenton, Lawrenceville, Bordentown, and Flemington. We are available 24/7 and if you would like to speak with one of our lawyers for an initial free consultation please contact us at (609) 683-8102.Under 21 Years Old with Less Than 0.08% BAC – Penalties
If you are under the legal drinking age of 21 years old you are not allowed to legally purchase, possess, or consume alcohol. Therefore, it follows that a person underage cannot drink any amount of alcohol or liquor and then drive or operate a car. If you are found to be underage and to have consumed some amount of alcohol you will be charged with an underage DWI under N.J.S.A. 39:4-50.14 if your blood alcohol concentration is .01% to .07%. This also means that the threshold for conviction is much less than an adult DWI because all the state needs to prove is that you had consumed any amount of alcohol before operating a motor vehicle. If convicted you will lose your license for at least 30 days up to 90 days, which starts on the date of conviction or when you turn 17 years old. Moreover, you will also be required to perform at least 15 days up to 30 days of community service and attend the Intoxicated Driver Resource Center (“IDRC”). These penalties will be in addition to any fines or penalties for related or companion charges such underage drinking, open container, or fake ID.Under 21 Years Old with 0.08% BAC or More – Penalties
If you are under the legal drinking age and are arrested for DWI with a BAC of 0.08% or more you will be charged as an adult DWI offender under N.J.S.A. 39:4-50. The reason for this is because a BAC of 0.08% or greater is over the legal limit even if you had been over the age of 21 years old at the time. A BAC of 0.08% or 0.09% is a mandatory 90 day loss of license, while a BAC of 0.10% or greater carries a mandatory suspension of between 7 months and 1 year. If you are a juvenile under the age of 17 at the time, the license suspension would not take affect until your 17th birthday. Depending on the contributing factors such as age at the time, alcohol concentration, an accident, or injuries, the court may also order you to participate in a supervised community service, alcohol counseling sessions or probation. The supervised visitation programs are usually at hospital emergency rooms, rehab centers, morgues, or any place where you can observe the consequences of drunk driving.Hamilton NJ Underage DWI Attorney
An underage DWI is a serious offense that has can hinder a young persons life and opportunities. However, these types of cases are often very defensible because of various intervening circumstances involved in a common DWI stop. The defense attorneys at the The Law Offices of Jonathan F. Marshall have extensive experience in defending these types cases, which are often fact sensitive, and we are frequently able to obtain a minimized disposition or get the DWI lowered or dropped altogether. Our lawyers are available to assist you in your underage DWI case in Mercer County and the surrounding area including West Windsor, Hightstown, Readington, Hopewell, Robbinsville, Lambertville, or Raritan. Contact us today at (609) 683-8102 to speak with a knowledgeable attorney in our office, conveniently located Princeton, who can answer your questions for absolutely free.