As the countdown continues this New Year’s Eve, do you know the penalties for underage driving while intoxicated? Hoboken cops recently charged a 20-year-old with various motor vehicle offenses, including underage DWI. But news reports indicate the driver’s alcotest results were under the legal limit. Nevertheless, the motor vehicle offenses included underage DWI, reckless driving, possession of CDS in a motor vehicle, open alcoholic container in a motor vehicle, wrong way on a one way, and unlicensed driver. More serious offenses included hindering apprehension, possession of marijuana under 50 grams, possession of CDS Paraphernalia, providing false identification, and underage consumption of alcohol. 

It all began when an officer saw the motorist allegedly exit a parking spot at a high rate of speed. Next, she allegedly drove the wrong way on a one-way street. Therefore, the cop stopped her. During the stop, the cop allegedly detected the odor of burnt marijuana and alcohol inside the vehicle. Additionally, the driver allegedly gave the cop credentials belonging to another person. Furthermore, she allegedly failed a field sobriety test. Later, the cops allegedly found an open bottle of alcohol and a small bag of marijuana during a search incident to arrest, per the news. Despite this, the driver’s alcotest results were under the limit.

Underage Driving While Intoxicated, N.J.S.A. 39:4-50.14

New Jersey Motor Vehicle Code

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 0.08%, 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 chief administrator.

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.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.

Elements of Proof

The State bears the burden to prove beyond a reasonable doubt the defendant:

1. Operated a motor vehicle,
2. Was under the legal age to purchase alcoholic beverages, and
3. Had a blood alcohol concentration of at least 0.01% but less than 0.08%.