Underage DUI in Union County, NJ

Underage DUI in Union County, NJ

Union County, NJ – For a young person, being charged with an Underage DUI is a frightening and overwhelming experience. A conviction can disrupt your life, jeopardize your driving privileges, and create a lasting record that can impact future opportunities. If you or your child is facing an underage DUI charge in Elizabeth, Linden, Plainfield, Westfield, or anywhere in Union County, it is critical to understand that an arrest is not a conviction. An experienced and strategic defense attorney can make all the difference.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, focuses on defending individuals against serious traffic and criminal offenses, including Underage DUI. He understands the nuances of New Jersey’s specific underage drunk driving laws and is committed to protecting the rights and futures of young people facing these serious allegations.

Understanding New Jersey’s Underage DUI Law (N.J.S.A. 39:4-50.14)

New Jersey has a strict Zero Tolerance policy when it comes to drivers under the legal drinking age of 21. Unlike a standard DUI (N.J.S.A. 39:4-50) which requires a Blood Alcohol Concentration (BAC) of 0.08% or higher, the law for underage drivers is far more stringent.

An individual under the age of 21 can be charged with Underage DUI for operating a motor vehicle with a BAC of 0.01% or higher. A single drink can be enough to put a young driver over this minimal threshold. It is crucial to note that this is a separate and distinct offense from a standard DUI.

Penalties for Underage DUI in Union County

While an Underage DUI is a motor vehicle violation and not a criminal offense in New Jersey, the penalties are still significant and are designed to be a harsh deterrent. A conviction under N.J.S.A. 39:4-50.14 carries the following mandatory penalties:

  • Driver’s License Forfeiture: A mandatory loss of your New Jersey driving privileges for a period of 30 to 90 days.

  • Mandatory Community Service: A required 15 to 30 days of community service.

  • Intoxicated Driver Resource Center (IDRC): Mandatory participation in an alcohol and highway safety education program at the IDRC. Failure to comply with the IDRC’s requirements can lead to further license suspension.

  • Fines and Surcharges: While there are no “fines” in the traditional sense, a conviction comes with various mandatory costs and assessments.

  • Impact on Future Insurance Rates: A conviction will lead to a significant increase in your auto insurance premiums.

Important Note: If an underage driver has a BAC of 0.08% or higher, they can be charged with both Underage DUI and the standard adult DUI, exposing them to even more severe penalties, including a longer license suspension and substantial fines.

Strategic Defenses to an Underage DUI Charge

An arrest does not automatically lead to a guilty verdict. The prosecution must prove every element of the offense beyond a reasonable doubt. Brett M. Rosen, Esq. will meticulously scrutinize every detail of your case to build a powerful defense. Common defense strategies include:

  • Challenging the Traffic Stop: Did the police officer have a legitimate, constitutional reason to pull you over in the first place? If not, any evidence gathered from the stop could be suppressed.

  • Improper Administration of Field Sobriety Tests: Standardized Field Sobriety Tests (SFSTs) must be administered in a specific, standardized way. Any deviation can render the results unreliable.

  • Issues with the Alcotest Machine: The Alcotest 7110 (the breath testing device used in NJ) requires precise calibration and maintenance. Mr. Rosen can challenge the machine’s reliability, the officer’s certification to operate it, and whether the 20-minute observation period was properly conducted.

  • Lack of “Operation”: The state must prove you were actually “operating” the vehicle. If you were in a parked car with the engine off, for example, it may be possible to argue that you were not operating the vehicle.

  • Chain of Custody Errors: Any evidence, including breath samples, must be handled according to strict protocols. A break in the chain of custody can compromise the evidence.

Frequently Asked Questions (FAQs) About Underage DUI in Union County

Q: Will I have a criminal record if I am convicted of an Underage DUI? A: An Underage DUI under N.J.S.A. 39:4-50.14 is a traffic violation, not a criminal offense. Therefore, it will not result in a criminal record. However, it will appear on your driving record, which can be accessed by insurance companies and, in some cases, employers.

Q: Can I get a school or work license if my license is suspended? A: No. New Jersey does not offer “conditional” or “hardship” licenses that would allow you to drive to work, school, or other essential functions during your suspension period. A suspension is a complete loss of driving privileges.

Q: What is the difference between this and a regular DUI? A: The main difference is the BAC threshold. For underage drivers, it’s 0.01% or more, while for adults (21+), it’s 0.8% or more. The penalties are also different; an Underage DUI carries a shorter license suspension but mandatory community service not required for a standard first-offense DUI.

Q: I wasn’t read my Miranda Rights. Can my case be dismissed? A: Not necessarily. Miranda Rights are typically required when you are in custody and being interrogated. They are not always required for a roadside DUI investigation. However, if you were questioned after being arrested without being read your rights, any statements you made may be suppressed.

Q: My BAC was only 0.02%. Is it still worth fighting? A: Absolutely. The law is “Zero Tolerance.” Any BAC of 0.01% or higher is enough for a conviction. The only way to avoid the mandatory license suspension and other penalties is to successfully challenge the charge in court.

Contact Brett M. Rosen, Esq. for a Free and Confidential Consultation

A mistake should not define a young person’s future. If you or your child has been charged with an Underage DUI in Union County, you need a defense attorney who will fight to protect their record and their driving privileges. Brett M. Rosen, Esq. offers the experience, knowledge, and dedication needed to navigate this challenging process and secure the best possible outcome.

Call today to schedule a free, no-obligation consultation to discuss your case. 908-312-0368 & brett@nynjcriminalcivilesq.com


Disclaimer: This website provides general information and does not constitute legal advice. The information on this page is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. The outcome of any legal matter is dependent on the facts and circumstances of that particular case. Prior results do not guarantee a similar outcome. Brett M. Rosen, Esq. is a licensed attorney in the State of New Jersey.

I couldnt be any happier!!! So, today Brett handle my court hearing and automatically I notice his professionalism in the matter. Everything was taken care off over the phone with me since my ride to JC was 2 hours away. He handle the case so quickly and got my case dismissed. If your looking for a expert definitely Brett is the guy to hired. I will definitely pass my experience to my friends and family!! Thank you Brett!!!
Ciara

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.