Avoiding a DUI Conviction in New Jersey While Underage

Driving under the influence (DUI) of alcohol or drugs is a serious offense in New Jersey, especially for drivers who are under the legal drinking age of 21. If you are caught operating a motor vehicle with a blood alcohol concentration (BAC) of 0.01% or more, but less than 0.08%, you will be guilty of DUI under the statute 39:4-50.14. This means that you will face harsh penalties, such as license suspension, community service, and mandatory education or treatment programs. In addition, a DUI conviction can affect your future opportunities, such as employment, education, and immigration.

However, being arrested for DUI while underage does not mean that you have no options to defend yourself. There are many ways to challenge a DUI charge and avoid a conviction, depending on the facts and circumstances of your case. If you’re seeking legal representation in New Jersey for underage driving under the influence, DWI/DUI, or breathalyzer refusal charge, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clientsfor his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the underage DUI/DWI in New Jersey, as well as some common defenses that may be available to you.

Definition of Underage DUI/DWI in New Jersey

The law for underage DUI in New Jersey is based on the statute 39:4-50.14, which states that a person under the age of 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.01% or more, per New Jersey’s zero tolerance law the defendant is guilty of DUI and faces the following penalties:

• 30 to 90 day driver’s license suspension or postponement
• 15 to 30 hours of community service
• Participation in an alcohol education and highway safety program and fee requirements as part of New Jersey’s Intoxicated Driver Resource Center

An underage person buying or drinking alcohol in a place with an alcohol beverage license can fined $500 and lose their license for 6 months. If the underage individual does not have their license, the suspension starts when they are first eligible to receive a license. Also, the underage individual may be required to attend alcohol education or treatment program.

The most common question then becomes, how can I defend myself of a underage DWI in New Jersey? Let’s take a look below:

Challenge the legality of the traffic stop

One of the first things you should do if you are pulled over for suspicion of DUI while underage is to ask the officer why he or she stopped you. The officer must have a valid reason to stop you, such as a traffic violation, a vehicle defect, or a tip from a reliable source. If the officer cannot provide a valid reason, or if the reason is based on a hunch or a stereotype, you may be able to argue that the stop was illegal and that any evidence obtained from the stop should be suppressed.

Challenge the accuracy of the field sobriety tests

Another common way to challenge a DUI charge while underage is to question the accuracy and reliability of the field sobriety tests (FSTs) that the officer administered to you. FSTs are physical or mental exercises that are supposed to measure your balance, coordination, and attention. However, FSTs are not foolproof and can be affected by many factors, such as your age, weight, health, fatigue, weather, lighting, road conditions, and footwear. If you can show that the FSTs were not performed properly, that the officer did not follow the standardized instructions, or that the results were influenced by external factors, you may be able to cast doubt on the officer’s conclusion that you were impaired.

Challenge the validity of the chemical test

The most important piece of evidence in a DUI case while underage is usually the chemical test that measures your blood alcohol content (BAC) or the presence of drugs in your system. In New Jersey, you can be charged with DUI while underage if your BAC is 0.01% or more, but less than 0.08%, or if you have any amount of a controlled substance in your blood or urine. However, chemical tests are not always accurate and can be challenged on various grounds, such as:

• The officer did not have probable cause to request the test
• The officer did not inform you of your rights and the consequences of refusing the test
• The officer did not follow the proper procedures for administering the test
• The officer did not use a certified and calibrated device for the test
• The officer or the lab technician did not preserve or handle the sample correctly
• The sample was contaminated, diluted, or tampered with
• The sample was affected by your medical condition, medication, or diet

If you can show that the chemical test was invalid or unreliable, you may be able to exclude it from evidence or reduce its weight in court.

Challenge the officer’s testimony and credibility

Another way to challenge a DUI charge while underage is to challenge the officer’s testimony and credibility. The officer’s testimony is often the main source of evidence against you, especially if there is no video or audio recording of the traffic stop and the arrest. However, the officer’s testimony is not always accurate or consistent and may be influenced by bias, prejudice, or memory lapses. If you can show that the officer made mistakes, contradicted himself or herself, or lied about the facts of the case, you may be able to undermine the officer’s credibility and weaken the prosecution’s case.

Can I Negotiate a plea bargain or a diversion program in New Jersey?

Plea bargaining is generally not allowed in DUI cases in New Jersey. However, there may be some exceptions or alternatives to plea bargaining, such as challenging the evidence, the legality of the traffic stop, or the officer’s testimony, or negotiating a diversion program or a dismissal of the charges. These options may depend on the facts and circumstances of your case and may require the assistance of an experienced and reputable DUI lawyer. Therefore, if you are facing a DUI charge in New Jersey, it is advisable to consult a legal professional who can help you evaluate your situation and explore your options.

Top-Shelf Underage DUI Charge Attorney

A DUI charge in New Jersey while underage is a serious matter that can have a lasting impact on your life. However, it is not a hopeless situation and you have many ways to fight back and protect your rights. The best thing you can do if you are arrested for DUI while underage is to contact an experienced and reputable DUI lawyer who can help you evaluate your case, explore your options, and achieve the best possible outcome. Do not delay and do not give up. There is always hope for a better future. However, if you are facing an underage DUI/DWI charge in New Jersey, Brett M. Rosen is one of the top criminal defense attorneys in the state, who has successfully defended many clients in similar situations. Here are some of the benefits of hiring him for your underage DUI/DWI charge:

• He is familiar with the laws and penalties for underage DUI/DWI in New Jersey, which are different from those for adults. He knows how to challenge the evidence, such as breathalyzer tests, field sobriety tests, and blood tests, and how to negotiate with the prosecutors for a reduced charge or sentence.
• He is committed to protecting your rights and future. He understands that an underage DUI/DWI conviction can have serious consequences for your education, career, and personal life. He will work hard to minimize the impact of your charge on your record and reputation, and to help you avoid or reduce the suspension of your driver’s license, fines, community service, and jail time.
• He is recognized and respected by his peers and clients. He has been named as a Rising Star by Super Lawyers, a Top 40 Under 40 by The National Trial Lawyers, and a Top 100 Criminal Defense Lawyer by The American Society of Legal Advocates. He has also received many positive reviews and testimonials from his former clients, who praise his professionalism, communication, and results.
• He is innovative and creative in his approach to criminal defense. He stays updated on the latest developments and trends in the law, especially in the area of artificial intelligence and its impact on the legal industry. He uses cutting-edge tools and techniques to enhance his practice and deliver optimal results for his clients.

Brett M. Rosen is the lawyer you need if you are facing an underage DUI/DWI charge in New Jersey. You can contact him at his office in New Jersey. He offers a free consultation and a flexible payment plan. Don’t wait, call him today and let him fight for you.