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Drunk Driving (DWI/DUI) & Municipal Court Articles

• NEW JERSEY'S DRUNK DRIVING (DWI/DUI) STATUTE AND THE ISSUE OF OPERATION
• Drunk Driving in New Jersey: The Articuable Suspicion and Probable Cause Standards
• The Expert Witness Myth in a Drunk Driving (DWI/DUI) Case where the Intoxicant is a Drug
• Baby Boozers: The Consequences of Underage Drinking in New Jersey (3 of 3)
• Baby Boozers: The Consequences of Underage Drinking in New Jersey (1 of 3)

Baby Boozers: The Consequences of Underage Drinking in New Jersey (1 of 3)

Underage alcohol use is more likely to kill young people than all illegal drugs combined. In 2007, the U.S. Surgeon General estimated that approximately 5,000 persons under the age of 21 die from alcohol-related injuries involving underage drinking each year. Drinking by college students, ages 18-24, contributes to an estimated 1,700 student deaths and almost 600,000 injuries. In 2001, 2.8 million college students drove a car while under the influence of alcohol. Since young drivers frequently travel with peers, young drivers who drink also greatly impact the health and safety of their passengers. Almost 75 percent of teenage passengers who are killed in car crashes die when another teenager is behind the wheel. The total cost attributable to the consequences of underage drinking was $61.9 billion in 2001, including $5.4 billion in medical costs, $14.9 billion in work- related losses and $41.6 billion in lost quality of life. It is estimated that 24,560 lives have been saved by minimum drinking-age laws since 1975.

Obviously alcohol is a dangerously common activity for those under the age to legally drink, which is 21 in New Jersey. Resultantly, the laws in New Jersey impose rather severe penalties on the underage drinker including criminal liability. In many cases, even when a motor vehicle is not involved, the offender will be subjected to a minimum mandatory driver’s license loss or a postponement of driving privileges if the offender is younger than 17.

Other sanctions, including administrative, criminal and civil, are pointed at those who provide alcoholics beverage to minors.

I. The Liability of the Underage Drinker

A. Underage Drunk Driving (DWI)

An individual under the age of 21 who operates a motor vehicle and has a blood alcohol concentration (BAC) of 0.01% can be convicted of drunk driving (DWI) in New Jersey, even though the standard for an adult is .08% BAC. A BAC level of 0.01% can result from drinking only one 12 oz beer slowly over a one-hour period.

A conviction under this component of the drunk-driving statute requires: (1) a suspension of driving privileges from 30 to 90 days or, if the offender has not yet received a driver’s license, that privilege will be delayed from 30 to 90 days; (2) community service for 15 to 30 days; and, (3) attendance at an Intoxicated Driver’s Resource Center (IDRC) ¹ or a program of alcohol education and highway safety; the cost of which must be paid for by the offender.

If the BAC is above 0.08%, the minor will be sentenced as an adult. ² When the BAC is .08% or higher but less than 0.10% , the penalties are: (1) up to 30 days in jail; (2) 12-48 hours detainment in an IDR Center; (3) 3-month driver’s license loss; (4) a fine of $250 -$400; and (5) other monetary sanctions that can exceed $300.

Where the BAC is .10% or higher, the penalties are: (1) up to 30 days in jail; (2) 12-48 hours detainment in an IDR Center; (3) 7-months to 1-year driver’s license loss; (4) a fine of $300-$500; and (5) other monetary sanctions that can exceed $300.

B. Underage Purchase of an Alcoholic Beverage on a Licensed Premises

It is illegal for someone under the age of 21 to enter any premises which has a liquor license for the purpose of purchasing or consuming an alcoholic beverage. It is also illegal for a minor to enlist another to purchase an alcohol beverage for him/her, or to misrepresent his/her age for the purpose of purchasing an alcoholic beverage.

A violation of this statute will result in a disorderly person’s conviction. If the offender is between the ages of 18 and 21, the penalties may require a period of incarceration for up to six months, a fine up to $1,000 and participation in an alcohol treatment program for up to 6 months. The court can also require the offender to participate in an alcohol treatment facility.

This statute will not apply if the accused is in possession of an alcoholic beverage, while prepared food in a culinary or hotel management program or if it is being served at a hotel or restaurant where the juvenile is property authorized by the Division of Alcohol Beverage Control.

If the offender is under the age of 18, the case will be referred to the juvenile justice system where the offender can be adjudged a "delinquent" and subject to a possible sentence up to 6 months in a detention center.

In addition, the court must suspend the offender’s driving privileges for 6 months or postpone those privileges for 6 months if the offender is not yet 17 years old.

Finally, the court has the authority to subpoena the parent or guardian to the hearing. Once a parent or guardian has been notified that the minor has violated this statute, any subsequent violations can result in a $500 fine to be imposed against the parent or guardian.

C. Underage Possession or Consumption of an Alcohol Beverage on Public Property

It is an offense in New Jersey for anyone under 21 years of age to possess or consume an alcoholic beverage in a public place, in any school 1, or in a motor vehicle for anyone under 21 years of age. A violation of this statute is a disorderly person’s offense. Moreover, if the offense occurred in a motor vehicle, the offender’s driver’s license will be suspended or postponed for 6 months.


D. Underage Possession or Consumption of Alcoholic Beverages on Private Property

A municipality may enact an ordinance making it unlawful for anyone under the legal age to possess or consume alcoholic beverages on private property. Not all municipalities have implemented laws of this nature, however.

If the municipality enacts an ordinance of this type, there are minimum penalties that must be imposed, including a fine of $250 for the first offense and $350 for each subsequent offense. In addition, the ordinance may provide for the suspension or postponement of the offender’s driver’s license for 6 months.

The ordinance can not prohibit an individual from consuming or possessing an alcohol beverage while engaged in a religious ceremony or with the permission of and in the presence of an adult parent or legal guardian. Nor, can it prevent a minor from possessing or consuming alcoholic beverages while actually engaged in a job that requires such an act, or while enrolled in a culinary or hotel management school.

E. Civil Liability

Needless to say, an underage drinker causing injury to the person or property of another can be required to pay a monetary award that may result from a civil lawsuit. Since the prospect of causing serious personal injury is great where the wrongdoer is intoxicated, the amount of a civil judgment that may issue in favor of an accident victim can be staggering. While a civil judgment based on the negligence of a judgment creditor ordinarily can be discharged in bankruptcy, when the injury is caused by the conduct of a drunk driver, bankruptcy protection for the resulting judgment is not an option.

Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.

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