Underage DUI/DWI

Underage DUI/DWI in New Jersey

Zero Tolerance and High Stakes

In New Jersey, driving under the influence is never taken lightly—but when the person behind the wheel is under 21 years old, the law imposes even stricter consequences. The state operates under a zero-tolerance policy for underage drinking and driving. That means any trace of alcohol in an underage driver’s system—no matter how small—can lead to DUI charges and significant penalties. While this law is designed to deter risky behavior, it can also lead to unfair or overly harsh consequences for young drivers who made a one-time mistake.

At Omojola Law, we understand how frightening and confusing this process can be for young people and their families. Whether you’re a teenager, a college student, or a parent, we’re here to provide the information and legal defense you need to move forward with confidence and clarity.

What Is Underage DUI/DWI?

How It Differs from Adult DUI Charges

In New Jersey, any driver under the age of 21 who operates a vehicle with a Blood Alcohol Content (BAC) of 0.01% or higher can be charged with underage DUI. This is a much lower threshold than the standard 0.08% BAC limit for adults 21 and over. Essentially, if there is any measurable alcohol in an underage driver’s system, the law applies.

• Zero-Tolerance Law: Designed to discourage underage drinking entirely, not just drinking and driving
• No Distinction for Impairment: You can be charged even if you’re not visibly intoxicated or impaired
• Applies to All Underage Drivers: Whether you’re a high school senior or a college freshman, the rule is the same

Penalties for Underage DUI (BAC Between 0.01% and 0.08%)

Even a Trace Can Cost You

Underage drivers who test positive for alcohol, even at very low levels, face civil penalties. Though technically not criminal, these consequences can have a lasting impact:

• Driver’s License Suspension: 30 to 90 days, even if you have a provisional or recently issued license
• Community Service: 15 to 30 days of court-ordered service
• IDRC Program: Up to 40 hours of mandatory alcohol education through the Intoxicated Driver Resource Center

These penalties can affect school attendance, work schedules, and daily life. Many young drivers and their families don’t realize the full impact of these “civil” consequences until it’s too late. Our attorneys help guide you through the process and ensure that your rights are protected from start to finish.

Penalties for Underage DUI with BAC of 0.08% or Higher

Treated Just Like an Adult

If an underage driver is found with a BAC of 0.08% or higher, they are no longer considered underage offenders in the eyes of the law—they face the full adult DUI penalties. This can lead to serious legal, financial, and personal consequences that follow them into adulthood.

• License Suspension: At least 3 months, with potential for longer periods depending on the circumstances
• Jail Time: Up to 30 days in county jail
• Alcohol Education Program: 12 to 48 hours in a state-approved IDRC facility
• Fines and Fees: Between $250 and $500 in fines, plus hundreds more in court costs
• Insurance Surcharge: $1,000 per year for 3 years, imposed by the NJ Motor Vehicle Commission
• Ignition Interlock Device: Required on all vehicles owned or operated for 3 to 12 months

At this stage, the charge becomes criminal and will appear on the driver’s record, making it critical to have strong legal representation from the start. Omojola Law works hard to have charges reduced or dismissed wherever possible.

Aggravating Factors That Can Increase Penalties

What Makes an Underage DUI Even Worse?

New Jersey courts take into account several aggravating factors that can result in enhanced penalties, even for first-time underage offenders:

• Refusing a Breath Test: Treated as if the BAC were over the legal limit, triggering automatic penalties
• Driving in a School Zone: Mandatory doubling of fines and license suspension
• Having a Minor Passenger: Additional charges, including endangering the welfare of a child
• CDL Holders: A BAC over 0.04% can lead to lifetime disqualification from commercial driving
• Repeat Offenses: Second or third DUIs bring significantly more jail time, fines, and license suspension

Additional Consequences of an Underage DUI

More Than Just Legal Trouble

An underage DUI conviction can follow a young person long after the court case is over. The collateral consequences can include:

• Skyrocketing Car Insurance Rates: Insurers often consider underage DUI offenders as high-risk, resulting in higher premiums—or dropped coverage entirely
• College Admissions: Criminal convictions can negatively affect acceptance into colleges or scholarship opportunities
• Employment Impact: Many employers conduct background checks, and some positions are off-limits to those with DUI records
• Professional Licensing: Careers in nursing, teaching, finance, and more may become inaccessible
• Immigration Status: Non-citizens could face visa denial, delays in green card processing, or deportation

At Omojola Law, we know that the full story matters. Our goal is not just to fight for a legal win, but to help young people preserve their future and stay on track.

How We Defend Underage DUI Cases

Defense Strategies That Work

Every DUI case is different—and underage DUI cases require a special focus on both legal and personal consequences. At Omojola Law, we take a detailed, fact-driven approach to building strong defenses. Here are some of the most effective defense strategies we may use:

• Illegal Traffic Stop: If the police didn’t have probable cause or reasonable suspicion, the stop—and any evidence from it—can be thrown out.
• Breathalyzer Inaccuracy: Devices must be properly calibrated and administered by certified officers. Malfunction or improper use may result in unreliable BAC readings.
• Failure to Read Miranda Rights: If your rights weren’t read to you, any statements you made may be inadmissible.
• Improper Police Conduct: Missteps during arrest or interrogation can result in dismissal of charges.
• Medical and Dietary Factors: Health issues or diets like keto can produce false positives on breath tests.
• Lack of Probable Cause for Testing: If there was no legal basis for ordering a chemical test, the case may be dismissed entirely.

Our goal is to resolve the case in the most favorable way—whether that’s a complete dismissal, reduced charges, or alternatives to license suspension and jail.

What to Do If You’ve Been Arrested for Underage DUI

Take Immediate Action

If you or your child is facing an underage DUI charge, there are several steps you should take right away:

• Do Not Speak to Police: Exercise your right to remain silent until an attorney is present
• Call a DUI Attorney Immediately: The sooner we can begin building your defense, the better the outcome may be
• Gather All Documents: Collect test results, citations, police reports, and any witness contact information
• Attend All Hearings: Missing a hearing can result in a bench warrant and additional penalties

We provide comprehensive guidance so you’re never alone through the legal process. Our clients know what’s coming next and how to prepare every step of the way.

Why Choose Omojola Law for Underage DUI Defense

We Defend Your Record, Reputation, and Future

• Proven Experience: We’ve handled hundreds of DUI cases, including dozens involving minors and college students
• Personalized Approach: We understand every case is different and tailor your defense accordingly
• Client-Centered Strategy: Our team treats every client with empathy, discretion, and fierce advocacy
• Strong Negotiators and Litigators: Whether in court or at the bargaining table, we fight to protect your future

Contact Omojola Law Today

Don’t Let a Mistake Define Your Future

A charge of underage DUI is serious—but it doesn’t have to destroy your future. The attorneys at Omojola Law are ready to help you minimize penalties, preserve your record, and move on with your life.

To understand how New Jersey handles DUI under 21, review the official underage DUI page or download the state penalty brochure.

📞 Call us today for a free and confidential consultation. Let us fight for your second chance.