Under Age DUI
Underage or “Baby” DUI Attorneys, Brick NJ
As an adult, you know that drinking is common as we often joke about needing a glass of wine, or waiting for the weekend so we can relax, unwind, and have a few drinks. Alcohol is readily available to adults everywhere, whether it’s at a restaurant for lunch, a liquor store next to the grocery store, or a short stop on your way home from work. This means that if alcohol is legal and available to adults (parents), it is readily available to teenagers by virtue of the adults with whom they live.
Children are not strangers to raiding the alcohol cabinet of their parents and, if not their parents, maybe they are given a drink by a friend or friend’s parent. Of course, once kids begin to drink, they rarely stay put. They have curfews or other places to be, which often means they will drive after consuming alcohol. The Centers for Disease Control and Prevention (CDC), found that over one-third of teenagers consume alcohol, at least eight percent drove after drinking, and at least twenty percent drove with a teen who had consumed alcohol. In New Jersey, any teen or underage person (20 or under) who drives and has any amount of alcohol in their system will be charged with a motor vehicle offense for Driving While Intoxicated.
An experienced attorney will help review your son or daughter’s circumstances.
Although your situation may not look, still there are methods to fight a drinking citation for your child who is underage. To achieve this is important to connect with a knowledgeable lawyer who is experienced in defending clients in all different types of criminal matters issues. For detailed information, call Peter Bronzino 732-812-3102 to set up a no-cost case evaluation to review your son or daughter’s circumstances, and explain their defense options.
N.J.S.A. 39: 4-50.14, known as the Baby DWI statute
The law provides that under N.J.S.A. 39: 4-50.14, known as the Baby DWI statute if an underage driver has a blood alcohol content of .01 %, he or she will be arrested and charged with a DUI. Maybe the driver says “Hey I only had one drink, can I really be charged with a DUI?” For adults, the legal limit is .08 % but any person under the legal age to drink alcohol will be convicted of a baby DUI if it is proven that they had 1% in their system. While it may seem unfair, this can be the equivalent of having one drink. New Jersey has strict drunk driving laws and can be even tougher on teens as the state wants to deter teens from drinking and driving.
Legal Blood Alcohol Limit Under Age of 21 vs those of Legal Drinking Age
For example, if a teen has between.01% and .07% of alcohol in his system and is convicted of drinking, he will face penalties that an adult driver will not face with the same blood alcohol concentration (BAC). A teen with a BAC in that range will lose his license between 30 and 90 days and have to participate in an alcohol and driver safety program, perform 15 to 30 days of community service, and pay $500 in fines. For an adult, a person cannot be convicted of a DUI with a BAC of less than .08%. If the BAC is .08 percent or higher with a minor, the state will charge the teen with a regular DUI which may include a longer suspension and possible jail time. Not only are there consequences involving fines and suspension, but there will also likely be insurance issues.
Car insurance is costly enough without having a DUI and for a parent, having a child on your policy can be troublesome. Many insurance companies will raise the monthly premium so much that it may be longer be affordable. The surcharges will remain for three years and can be so costly that you can no longer afford insurance.
DUI at College or University
While there are many negative impacts of having a DUI, there is one silver lining. That silver lining is the fact that the DUI is not a crime or disorderly persons offense. A DUI is only a motor vehicle ticket. This means that if a teen is applying to college and is asked if he or she has been charged with a crime or disorderly persons offense, the teen can honestly answer is no. Motor vehicle tickets are not crimes in New Jersey and, under Federal Law, a college or employer cannot discriminate based solely upon a DUI conviction.
Contact an Underage or “Baby” DUI Attorney in Brick or Sea Girt NJ
At The Bronzino Law Firm LLC, we understand that being arrested for underage drinking may seem a confusing situation for many people. However, there is a variety of options besides pleading guilty. One of the experienced lawyers from our firm will seek every potential defense and work hard to get the best possible outcome.
We have the knowledge and the experience and fully prepared to take on your child’s case. If you, your child, or someone you know has been charged with a baby DUI, you need an experienced attorney who will review the facts of the case and assist in the court process. We can set up a no-cost case assessment to review your son or daughter’s circumstances and explain the possible options. Contact our firm today 732-812-3102 for a free consultation or feel free to visit our site for a free online form and we´ll get back in touch with you shortly.