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Can An Underage Driver Be Charged As An Adult For DWI In New Jersey?

October 31, 2023 by Matthew Reisig

For many parents in New Jersey, the thought of their young family member being involved in a DWI (Driving While Intoxicated) case is a nightmare. The Garden State has stringent laws, and understanding them, especially in the context of underage DUI, is crucial. As responsible parents, one must be aware of these regulations to ensure the safety and well-being of young drivers in the household.Can A Juvenile Be Charged As An Adult For DWI

Can An Underage Driver Face Adult DUI Charges?

The straightforward answer is yes. New Jersey takes a firm stance against underage drinking and driving. If a driver under the age of 21 is arrested for DUI and tests reveal a blood alcohol level of .08 or higher, they won’t be treated leniently just because of their age. Instead, they will be charged with DUI as an adult.

This might come as a surprise to many, given that the legal age for consuming alcohol in the United States is 21. One might expect underage offenders to be treated differently, perhaps in a juvenile court. However, this isn’t the case for DUI offenses in New Jersey.

What Does Being Charged For Drunk Driving as an Adult Entail?

Facing DUI charges as an adult, irrespective of the actual age of the offender, is no minor affair. Firstly, the young defendant will be standing before the same judge as any other adult offender. The atmosphere and gravity of the courtroom won’t be any different for them.

Secondly, the penalties meted out, upon conviction, are identical to those that adults face. This includes:

  • Higher Fines: The financial burden can be significant, with fines often running into thousands of dollars.
  • Lengthier License Suspension: For young drivers, this can be particularly detrimental, potentially delaying their opportunity to legally drive for several years.
  • Possible Jail Time: Though often a last resort, the court does hold the right to sentence underage DUI offenders to jail, making it a real and daunting possibility.

Furthermore, the record of this conviction can cast a long shadow, affecting future opportunities related to education, employment, and more.

The Challenge of Underage Drinking Evidence

The act of underage drinking in itself is against the law in New Jersey. So, if an underage individual tests positive in an Alcotest or blood test for alcohol, it inherently signifies lawbreaking. This evidence stands strongly against the defendant, making the defense’s task challenging.

The Role of a Skilled New Jersey DWI Attorney

Given the seriousness of the charges and their implications, having a competent attorney is paramount. A seasoned New Jersey DUI attorney understands the intricacies of the state’s DUI laws and has the expertise to navigate the complex legal waters. They can examine the evidence, ensure that the defendant’s rights were not violated during the arrest, and craft the most effective defense strategy.

As parents in New Jersey, it’s essential to educate young drivers about the severe consequences of DUI. Prevention is always better than cure. However, if faced with such an unfortunate circumstance, having the right legal counsel can make a significant difference.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an attorney who has helped more than 1,402 New Jersey drivers avoid being convicted on DWI charges.

 

More Info On Juvenile/Underage/Minor DWI Arrests & Convictions

Can I Drive To And From School After A DUI Conviction In New Jersey?
What Are The Penalties For Underage DUI In New Jersey?
Can My Kid Go To Jail For An Underage DUI In New Jersey?
What Is “Baby DUI” In New Jersey?
How Many Years Until My Insurance Rates Normalize If I’m Convicted Of DUI As An Underage Driver In New Jersey?
Can You Help My Teenager Who Was Charged With DWI In New Jersey?
Do You Represent Underage Drivers With DWIs In New Jersey?
What’s The Blood Alcohol Limit For Underage Drivers In New Jersey?
What Happens To Drivers Who Are Under 21 When They Get A DUI In New Jersey?
What Are The Penalties For DWI For A 19-year-old In New Jersey?
What Is Underage DWI In New Jersey?




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Reisig Criminal Defense & DWI Law, LLC has helped thousands of individuals that were arrested for DWI. In fact, we've helped clients in ALL 21 NJ Counties from our Office in Monmouth County. A significant number of our clients are from Monmouth County & Ocean County, but every week, we travel to courtrooms across the state. Here's a few areas we visit every year to help our clients: Upper Freehold, Manalapan Township, Manasquan, Deal, Freehold, Sea Girt, Marlboro Township, Howell, Middletown Twp, Farmingdale, Spring Lake, Tinton Falls, Red Bank, Wall, Brielle, Holmdel, Colts Neck, Hazlet, Matawan, Asbury Park, Belmar, Eatontown, Sea Bright, Millstone Township, Neptune Township, Ocean, Aberdeen and Keyport.


Reisig Criminal Defense & DWI Law, LLC
1 Broad St
Freehold, NJ 07728
732-625-9660



 

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Filed Under: Underage DUI Charges

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Main Office: 1 Broad Street Freehold, NJ 07728 - 732*625*9660
Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

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** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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