Monday, April 8, 2013

Underage Drinking & Driving: What Will Happen To You

Bergen County Criminal Defense Attorney Discusses Facts about Underage DUIs



You are definitely in a bad position with the law right now.  You have chosen to break the law on two accounts:  (1) Drinking under the age of 21, and (2) Getting behind the wheel while intoxicated.   In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI). 

Being convicted of a DUI is a serious offense, carrying heavy penalties including:
  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service

New Jersey's Mandatory Fines and Penalties Related to DUIs

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration


Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*


Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration



New Jersey imposes these strict sanctions in order to deter anyone from driving while under the influence of alcohol.  

What Are New Jersey's Laws for Underage DUIs?

According to the State of New Jersey Driving Commission, if you are under 21 years old and are convicted of driving (or boating) with a BAC level of .01% or higher, then you will face the following penalties:
  • Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
  • 15–30 days mandatory community service
  • Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
  • If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license
If you or a loved one is in need of legal representation for a DUI matter, don’t wait another minute - contact the law offices of Aretsky and Aretsky today so that we can evaluate your case and provide the legal counsel and representation you deserve.  We provide free initial consultations by appointment.
You'll also want to read Traffic Violations We Can Help With.

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