Adolescent drunk driving poses a huge concern, which the United States government has been trying to address since at least 1995, when it passed legislation requiring states to consider a blood alcohol concentration (BAC) limit for underage drivers of 0.02%. In the years since, many states have adopted laws and penalties in accordance with the recommendations, such that New Jersey, including Mercer County, penalizes any amount of alcohol in an underage person’s system, from 0.01% on up. This is commonly referred to as New Jersey’s zero tolerance law for underage DUI, which imposes penalties for any measurable amount of blood alcohol concentration 0.01% or higher. Given the severity of DWI charges for both underage and adult drivers, if you or a loved one is dealing with similar charges, don’t delay and contact a Mercer County DUI lawyer today.

Is the BAC Limit for Underage Drivers Different for Adults in New Jersey?

Yes, the blood alcohol concentration (BAC) limits for underage drivers are very different compared to the limit for adults. For drivers over 21, the BAC limit is 0.08%. But for underage drivers, New Jersey joins a list of states with a zero-tolerance standard. A BAC with any quantity of alcohol means legal consequences.

Penalties for Underage Drivers With Any Detectable BAC

Even minimal levels of alcohol in the system of an underage driver in Mercer County can result in serious penalties for those under 21. The purpose of this system and subsequent penalties is to deter unsafe behavior and reinforce compliance with state laws.

Penalties for an Underage DUI in NJ

  • License suspension: Between 30 and 90 days
  • Community service: Between 15 and 30 days
  • Mandatory IDRC participation: Participation in alcohol education is required
  • Fines: Up to $500

Additional Consequences for Possession or Minor Violations

If a driver under 21 is convicted or pleads guilty to possession of alcohol, not consumption, it could result in that minor losing their driving privileges for six months. This is because it is illegal for anyone under 21 to possess alcohol.

What Happens if an Underage Driver Reaches Adult BAC Limits?

If an underage driver has a BAC of 0.08% or more in Princeton, West Windsor, Montgomery Township, or any other community in Mercer County, which is the adult limit, the minor is then able to be charged the same penalties as an adult would.

For a first-time offender with a BAC of 0.08%, this would mean up to 30 days in jail, fines up to $400, and suspension of their license until they install an interlock device on their car, which must be left in place for three months.

On the other hand, a first-time offender with a BAC between 0.10% and 0.15% sees an increase in potential fines of up to $500, and the duration of the interlock installation increases by up to 12 months.

Should a first-time offender have a BAC over 0.15%, their license may be suspended for four to six months, and the interlock may be installed for up to 15 months. Additionally, all three penalties for the above-noted adult offenses include up to 48 hours of cooperating with the IDRC.

Can You Be Charged With a DUI Below the Legal Limit in New Jersey?

A final and very important proviso: like adults, underage drivers may be convicted of drunk driving with a BAC under the limit, if the police officer points to behavior such as their speech and driving conduct. The court system grants police the discretion of being able to use their observations as evidence for someone’s intoxication.

How Long Does a DUI Stay on Your Record?

In New Jersey, DUI offenses cannot be expunged because they are considered traffic violations, not criminal offenses. As such, this means a DUI, even one obtained before you turned 21, will remain on your driving record.

Long-Term Impact

  • DUI convictions typically remain on record for 10 years, as they are considered for repeat sentencing
  • They are not generally found on a standard criminal background check
  • However, this is still publically accessible information, and may impact:
    • Employment opportunities
    • Housing applications
    • Eligibility for student loans and government benefits

Contact a Mercer County DUI Defense Attorney

If you or your child is facing charges for an underage DUI in Mercer County, it’s in your best interest to connect with an experinced attorney with the Law Office of Douglas Herring. Our team understands how difficult these matters can be, which is why we are ready to help you fight for the best possible outcome. When you need assistance, do not hesitate to contact our firm today.