Cherry Hill NJ Underage DUI Lawyer
DWI and DUI Defense Attorney in Camden County, New Jersey
In New Jersey, a DUI or DWI at any age in serious. These offenses are punishable by harsh penalties, including fines, driver’s license suspension, and even a jail sentence. For a person of legal drinking age (21 or older) to be charged with driving while intoxicated (DWI), he or she must have a blood alcohol content that exceeds the legal limit (0.08%). Not so for a person under 21. New Jersey has a zero tolerance policy for underage drivers who drink. This means that if you are found with any trace of alcohol in your system, you can be charged with Underage DUI. The results of being found guilty of underage DWI can affect a variety of areas of your life. You may lose your license for up to 90 days, or have to wait an additional 90 days after your seventeenth birthday to obtain your license. You may be forced to pay heavy fines and court fees. You may be required to perform community service for up to 30 days. You may accumulate points on your license. Your insurance premiums may increase. The list goes on. However, with an experienced and aggressive attorney on your side, you can combat these charges and position yourself for the most favorable result.
Attorney William Fay has been defending individuals charged with DWI offenses in New Jersey for years. His extensive knowledge of DWI law and ferocious trial strategy has allowed him to achieve results for clients in courts in Cherry Hill, Pennsauken, Winslow, Voorhees, Waterford, Stratford, Pine Hill, Collingswood, Haddon Twp and Berlin. Mr. Fay couples his own skills as a defense attorney with prior experience as a DAG. Since he worked on behalf of the New Jersey Attorney General’s Office, he uses the unique insight he gained during investigations and prosecutions to pinpoint errors in police protocol and other potential grounds for dismissals of DWI charges. To discuss your case with Mr. Fay today, contact his offices at 609-832-3202 for a cost-free consultation.
What is a NJ Underage DUI?
New Jersey law addresses Underage DWI offenses in section N.J.S.A. 39:4-50.14. With regard for Underage DUI, the statute provides the following:
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.
Can I Lose My License for an Underage DWI in NJ?
As stated above, the potential consequences of an Underage DUI conviction may vary within the specified ranges. Specifically, if you are under the age of 21 and convicted of driving under the influence in New Jersey, you may be subject to:
- Suspension of your driver’s license for between 30 and 90 days (if you are under age 17 and have yet to obtain your license, this will be applied as a delay to your eligibility).
- Between 15 and 30 days of mandatory community service
- Attendance at a state-approved Intoxicated Driver Resource Center for alcohol education programming ($280 fee)
- 30 days of community service
- Fines and fees including:
- $100 to Drunk Driving fund
- $100 to Alcohol Education and Rehabilitation Fund
- $75 to Neighborhood Services Fund
What Can I do to Fight a DWI If I am Under 21?
Driving While Intoxicated charges are typically proved through two forms of evidence: (1) Standardized Field Sobriety Tests “SFST” (the Horizontal Gaze Nystagmus Test; the Walk and Turn Test; and the One-Leg Stand Test) and (2) the Alcotest or “Breathalyzer”. Assuming no admissions were made by the underage driver, the prosecutor will have to rely on the officer’s subject testimony regarding your performance on the SFSTs and/or the results of your breath sample on the Alcotest.
Your performance on the Standardized Field Sobriety Tests can be challenged in a few ways. First, we can assess any prior or current physical injuries you suffer from. If you lack mobility in your leg, foot, back or neck, then this may form a basis for your failure to perform the test (as opposed to intoxication). Alternatively, we can challenge the officer’s instructions during the testing to determine if your performance was hampered by incorrect directions.
To fight the results of a breathalyzer we will need to review the steps the officer’s took from the moment you are brought to the station to the time of your test. Was the machine properly calibrated? Did the officer remove all electronics from your person? Did the officer observe you continuously for 20 minutes before the test? These are just a few possible methods we can pursue in your specific case.
Contact a Bellmawr NJ Underage DUI Attorney for a Free Consultation
If you or someone you love has been charged with underage DUI in Camden County or elsewhere in Southern New Jersey, it is in your best interests to begin developing your defense as soon as possible. Contact our firm at 609-832-3202 for additional information and a cost-free consultation.