Unfortunately, there is an assumption among younger drivers that many police officers are more lenient when writing tickets for traffic violations, especially for first-time offenders. However, it’s critical to understand that while a police officer may let you off with a warning if you’re going 10 miles per hour over the speed limit, this will likely not be the case in the event you are pulled over for drunk driving. This is due, in part, to New Jersey’s strict zero-tolerance policy. If you’re unfamiliar with what this means and the impact it can have on an underage DWI, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with a Gloucester County DWI lawyer to assist you through these complex matters.
What Does the Zero-Tolerance Policy Mean?
Typically, to be charged with a DWI in New Jersey, you must be at or over the legal limit, which is a blood alcohol concentration of 0.08%, though a police officer may arrest someone with a lower BAC if they show signs of intoxication. However, this does not apply to underage drivers. Instead, you’ll find that drivers under 21 can be charged with a DWI if they are caught driving with any detectible amount of alcohol in their system, even a BAC as low as 0.01%.
The primary purpose of the zero-tolerance policy is to deter underage drivers from consuming alcohol and getting behind the wheel. Because those under 21 are prohibited from drinking alcohol, this created even harsher penalties for those who choose to underage drink and drive.
What Are the Penalties for an Underage DWI?
An underage DWI can result in considerable penalties for those convicted. In general, those caught driving will have their license suspended for up to 90 days, participate in mandatory community service, and complete a program through the Intoxicated Driver Resource Center (IDRC).
However, if an underage driver is at or over the standard legal limit of 0.08%, the penalties will grow harsher. As such, drivers can face up to $500 in fines, up to 30 days in jail, and the installation of an ignition interlock device in their vehicle.
Can I Get this Conviction Expunged?
It’s critical to understand that, in New Jersey, DWIs are considered traffic violations as opposed to criminal convictions. However, you should note that being convicted of a DWI can appear on your driving record, which can then impact your insurance premiums and appear on employment background checks.
Because the state considers these to be traffic offenses as opposed to criminal offenses, you will be unable to receive an expungement. As such, it is imperative to connect with an experienced attorney, as fighting the charges against you is in your best interest.
An underage DWI is an incredibly serious offense that must not be taken lightly, as it can impact future job opportunities, scholarship eligibility, and even your insurance. As such, if you or your child has been charged with an underage DWI in New Jersey, it’s critical to connect with an experienced attorney with Vigilante Law Firm, P.C., as soon as possible. Our team can examine your circumstances to determine the best course of action to fight for the best possible outcome.
