If you have been charged with underage drinking in New Jersey, it is important to make sure you have a clear understanding of the circumstances you are facing. While New Jersey now has a warning system for underage drinking, warnings can still lead to academic and other consequences. If you have been charged with driving under the influence (DUI) or any other alcohol-related offense, you could be facing substantial penalties as well. A New Jersey criminal defense lawyer can help you make informed decisions.
It is illegal to drink alcohol in New Jersey if you are under the age of 21. While New Jersey law previously classified underage drinking as a disorderly persons offense, legislative reforms established a warning system in 2021. But underage individuals can still face charges related to their alcohol consumption in some cases, and warnings can lead to academic discipline and other consequences as well.
If you have questions or concerns about your legal situation, you should not hesitate to contact a New Jersey criminal defense lawyer. The decisions you make now could potentially impact the rest of your life. As a result, you owe it to yourself to ensure that you are making informed decisions; and, if you need legal representation, you will want to put an experienced defense lawyer on your side right away.
Is Underage Drinking a Disorderly Persons Offense in New Jersey?
No, as of 2021, underage drinking is not a disorderly persons offense in New Jersey. While many law firm websites and AI platforms still say that underage drinking is a disorderly persons offense, this is not the case.
Instead, underage drinking is now subject to a warning system under New Jersey law. Specifically, Section 2C:33-15 of the New Jersey Revised Statutes provides that:
- First Offense – The police will issue a written warning with “a sworn statement that includes a description of the relevant facts and circumstances that support the officer's determination that the person committed the violation.” If the offender is under 18 years of age, a copy of the written warning will be provided to the offender’s parent or guardian.
- Second Offense – The police will issue a written warning and sworn statement, along with informational materials about how to access counseling, mentoring and other community services.
- Third or Subsequent Offense – The police will issue a written warning and sworn statement, along with informational materials about how to access counseling, mentoring and other community services. The police will also notify the appropriate community services organization of the referral.
The law also specifically states that an individual charged with underage drinking in New Jersey, “shall not be subject to arrest, shall not be transported to a police station . . . and shall not otherwise be subject to detention or be taken into custody by a law enforcement officer . . . except to the extent that detention or custody at or near the location is required to issue a written warning or write-up [or] collect the information necessary to provide notice of a violation to a parent [or] guardian . . . .” However, the law includes an exception for cases in which an individual is subject to arrest on other grounds, such as being charged with an underage DUI.
What if I was Charged with an Underage DUI?
If you have been charged with an underage DUI, this is a very different scenario. New Jersey is a “zero tolerance” state for underage drinking and driving, which means that you can be charged with an offense even if your blood alcohol concentration (BAC) was below 0.08 percent.
If your BAC was 0.08 percent or above, you can face the same penalties as a driver who is 21 or older. The same is true if you refused to take a breath, blood, or urine test. For a first offense, a conviction could lead to fines, jail time, mandatory alcohol education, and other consequences.
FAQs: Facing an Underage Drinking Charge in New Jersey
What are the penalties for underage drinking in New Jersey?
New Jersey has eliminated most penalties for underage drinking. Currently, the state has a written warning system, and it prohibits the police from making arrests based solely on consuming alcohol under the age of 21. However, if you are facing other charges related to your alleged drinking, you could be facing fines, jail time, and other consequences.
Will my college or university find out about my underage drinking warning?
Your college or university could find out about your underage drinking warning—and, if it does, you could face academic discipline. Different schools handle underage drinking cases differently, so it's important to make sure you understand your school’s disciplinary policies and procedures.
Will my parents find out about my underage drinking warning?
The police will inform your parents of your underage drinking warning if you are under 18 years old. The police do not notify parents of individuals who are 18 years of age or older.
How Our Lawyers Help Individuals Charged with Underage Drinking in New Jersey
Whether you simply have questions or you are facing charges related to your alleged drinking, our lawyers can help you make informed decisions with your future in mind. If you are facing charges or academic discipline (or both), we can fight to help you avoid unnecessary consequences. From assault charges to DUIs, our lawyers handle all types of cases, and they rely on extensive experience to protect our clients by all means available.
Speak with a New Jersey Criminal Defense Lawyer in Strict Confidence
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for college students and other individuals who are facing charges related to underage drinking in New Jersey. To discuss your situation with an experienced New Jersey criminal defense lawyer at our firm in strict confidence, call us at 877-435-6371 or tell us how we can reach you online now.