Consuming Alcoholic Beverages & Operating a Motor Vehicle While Under the Legal
Drinking Age
The .08 rule of the Driving While Intoxicated statute
applies to persons both over and under the legal age to drink. However, a lesser
standard of .01 also applies only to those under the legal age. If you are under
the legal age to consume alcoholic beverages, consume only one drink and
operate a motor vehicle, you may:
(1) lose your license for 30 to 90 days;
(2) do 15 to 30 days community service; and
(3) satisfy the program and fee requirements of an Intoxicated Driver Resource
Center or participate in a program of alcohol education and highway safety as prescribed
by the Director of the Division of Motor Vehicles.
If you do not have your driver's license when convicted of this offense, not including
the other potential violations, your loss of license begins on the day you receive it.
Call the law offices of Kalas and Jannarone for additional information.
The Underage DWI Statute
39:4-50.14. Operation of Motor Vehicle with at Least 0.01, but Less
than 0.10 Percent Blood Alcohol, by Person Under Legal Age to Purchase
Alcohol; Penalties
Any person under the legal age to purchase alcoholic beverages who
operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less
than 0.10%, by weight of alcohol in his blood, shall forfeit his right to operate a motor
vehicle over the highways of this State or shall be prohibited from obtaining a license
to operate a motor vehicle in this State for a period of not less than 30 or more than 90
days beginning on the date he becomes eligible to obtain a license or on the day of
conviction, whichever is later, and shall perform community service for a period of not
less than 15 or more than 30 days.
In addition, the person shall satisfy the program and fee requirements
of an Intoxicated Driver Resource Center or participate in a program of alcohol education
and highway safety as prescribed by the Director of the Division of Motor Vehicles.
The penalties provided under the provisions of this section shall be in
addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, R.S.
33:1-81, R.S. 39:4-50 or any other law.
(Added by L. 1992, c. 189(l), eff. 12
117192.)
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