Getting a DUI in New Jersey when you are under 21 can have serious consequences. While underage drivers can be charged with DUI regardless of their BAC, if your BAC was 0.08 percent or above, New Jersey’s standard DUI laws apply. This means that jail time could be on the table. An experienced New Jersey DUI lawyer can help you fight your case by all means available.
The New Jersey police prioritize DUI enforcement during summer break. We see lots of DUI cases during the summer months, including cases involving underage drivers. If you got an underage DUI on summer break in New Jersey, you need to ensure that you are making informed decisions with your long-term best interests in mind. This starts with hiring an experienced New Jersey DUI lawyer to represent you.
5 Key Facts About Facing an Underage DUI Charge in New Jersey
Were you arrested on suspicion of underage DUI in New Jersey? If so, here are five key facts you need to know in order to make informed decisions about your defense:
1. All DUI Charges Carry Serious Consequences
In New Jersey, all DUI charges carry serious consequences. While the penalties for an underage DUI involving a blood alcohol concentration (BAC) under 0.08 percent are not as severe as the penalties for a DUI with a BAC of 0.08 percent or above, any DUI conviction can have consequences both in and out of court. Out of court, these include consequences related to your education and your career.
2. New Jersey DUIs Are Not Eligible for Expungement
Under New Jersey law, a DUI will stay on your record indefinitely. This means that your case will follow you for the rest of your life. Driving under the influence (DUI) is classified as a traffic offense rather than a crime in New Jersey, and while this might initially sound like a good thing, it means that your DUI case is not eligible for expungement.
3. Having a BAC of 0.01 Percent or Above is Enough for an Underage DUI
If you are under 21, you are not allowed to drive with any amount of alcohol in your system. This means that having a BAC of just 0.01 percent is enough to result in an arrest. However, if your BAC was 0.08 percent or above, your case will be handled just like it would if you were 21 or older. This means that New Jersey’s standard DUI penalties apply.
4. Prosecutors Don’t Need Your BAC to Secure a Conviction
While prosecutors can secure a DUI conviction based on your BAC, they can secure a conviction without a BAC reading as well. If prosecutors can show that you were “operat[ing] a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug,” this is enough to warrant a conviction under New Jersey’s DUI law. Prosecutors in New Jersey can use field sobriety tests, body-worn camera footage, and various other forms of evidence to prove that an underage driver was “under the influence” regardless of whether a BAC reading is available.
5. Prosecutors Do Need to Prove Your Guilt Beyond a Reasonable Doubt
To secure a conviction, prosecutors will need to prove your guilt beyond a reasonable doubt. If prosecutors have your BAC reading (and your BAC reading is admissible in court), this is enough on its own to sustain the prosecution’s burden of proof. With that said, you may have a variety of defenses available, and an experienced New Jersey DUI lawyer will be able to identify all viable defenses based on the facts of your case.
What to Do Following an Underage DUI Arrest in New Jersey
With all of this in mind, if you got a DUI on summer break in New Jersey, there are some important steps you should take promptly. To help maximize your chances of avoiding life-altering consequences, you should:
- Avoid discussing your DUI case with anyone other than your lawyer;
- Avoid posting about your arrest (or the events surrounding your arrest) on social media;
- Take notes to record as many details as you can remember;
- Learn more about potential defenses to underage DUI charges in New Jersey; and
- Schedule an initial consultation with an experienced New Jersey DUI lawyer promptly.
FAQs: Defending Against a New Jersey DUI Charge When You Are Under 21
Is facing an underage DUI in New Jersey serious?
Yes, facing an underage DUI in New Jersey is a serious matter. You are facing serious penalties in court and may face serious consequences out of court as well. Employers can consider DUI arrests when making hiring decisions—and, as a result, the costs of your DUI could far exceed the costs of your defense.
Can I get my DUI charge reduced to reckless driving?
Plea bargaining is an option in New Jersey DUI cases. If targeting a plea bargain is your best option under the circumstances at hand, your New Jersey DUI lawyer can seek a deal that protects you to the fullest extent possible. In many cases, this will involve seeking a deal that reduces your reckless driving charge.
How will an underage DUI in New Jersey impact my education?
If you are in college, your DUI arrest could lead to disciplinary action at school. While different schools handle DUI cases differently, facing any type of academic discipline is a serious matter that could impact your life for years (and potentially even decades) to come.
Speak with a New Jersey DUI Lawyer About Your Case in Strict Confidence
If you were arrested for driving under the influence (DUI) on summer break in New Jersey, we can help you fight to avoid unnecessary consequences—as long as you get in touch in time. To speak with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. in strict confidence as soon as possible, call 877-435-6371 or tell us how we can reach you online now.