Facing DUI charges at any age can be overwhelming, but if you’re under 21, New Jersey law treats your case very differently, even if you’re legally an adult in every other respect. Many young drivers assume that turning 18 shields them from the state’s underage drinking laws, but that’s not true. If you’re caught drinking and driving before your 21st birthday, you can still face serious consequences under New Jersey’s strict “zero-tolerance” policy.
At Camili & Capo, our attorneys help young adults and their families understand how underage DUI charges work, what penalties apply, and what legal options may be available to protect your record and your future.
Understanding New Jersey’s Legal Drinking Age and DUI Laws
New Jersey’s legal drinking age is 21, and the state has a zero-tolerance rule for underage drinking and driving. That means if you’re under 21 and your blood alcohol concentration (BAC) is 0.01% or higher, you can be charged with an underage DUI, even if your BAC is well below the 0.08% limit that applies to adult drivers.
For drivers between 18 and 20 years old, this creates a specific legal situation: you’re legally an adult, so your case will be heard in adult municipal court, not juvenile court. However, because you’re under 21, New Jersey’s underage DUI laws still apply. That means you can face penalties such as license suspension, fines, and mandatory alcohol education, even without a criminal conviction.
Key Differences Between Underage and Adult DUI Charges
1. Lower BAC Threshold
- Adults (21 and older): DUI at 0.08% BAC or higher
- Under 21: DUI at 0.01% BAC or higher
Even a small amount of alcohol can trigger a DUI if you’re under 21.
2. License Suspension
For drivers under 21, the New Jersey Motor Vehicle Commission imposes a 30- to 90-day license suspension for a first offense, even if your BAC is barely above 0.01%. In contrast, adult first-time offenders may face longer suspensions tied to higher BAC levels or refusal to take a breath test.
3. Community Service and Education
Underage DUI convictions often come with mandatory community service (15 to 30 days) and participation in an alcohol education and traffic safety program. These penalties aim to correct behavior rather than punish. Adult offenders, however, can face mandatory jail time, higher fines, and long-term ignition-interlock requirements.
4. Criminal Record Impact
Although underage DUI is considered a traffic offense rather than a criminal one, it can still appear on your driving record and affect insurance rates and employment opportunities.
If aggravating factors exist, such as speeding, property damage, or injury, the case could escalate to criminal DUI charges, carrying far harsher penalties.
What Happens When You’re 18 to 20 and Arrested for DUI
If you’re 18 or older, your DUI case will be handled in municipal court as an adult matter. You won’t be tried in juvenile court, but your age can still influence how the judge views your situation, especially if it’s your first offense.
You could face:
- A license suspension lasting up to 90 days
- Up to a $500 fine
- Community service and alcohol awareness courses
- Additional penalties for refusing a breath test
Even though these penalties might sound lighter than a full adult DUI, the long-term effects can be just as damaging. A single conviction can increase your insurance premiums, impact your ability to drive to work or school, and limit job prospects.
Additional Penalties for Certain Situations
If your case involves aggravating factors, prosecutors may pursue enhanced penalties that go beyond the standard underage DUI laws. Examples include:
- High BAC: If your BAC is 0.08% or higher, you ’ll face the same penalties as a standard adult DUI.
- Accidents or Injuries: If the DUI results in an accident that injures someone, you could be charged with assault by auto or other criminal offenses.
- Fake ID or Furnishing Alcohol: Possessing a fake ID or giving alcohol to other minors can lead to additional fines or criminal charges.
- College Disciplinary Actions: Many universities impose their own sanctions for DUI convictions, including suspension from campus housing or student organizations.
How a Lawyer Can Challenge an Underage DUI Case
An experienced New Jersey DUI attorney can evaluate whether your arrest and testing were conducted properly and whether the evidence holds up in court. Common defense strategies include:
- Challenging the Traffic Stop: If police lacked reasonable suspicion to pull you over, evidence from the stop may be thrown out.
- Questioning the Breath Test: Breathalyzers must be calibrated and operated by certified officers. If not, the results can be challenged.
- Highlighting Procedural Errors: Failure to read Miranda rights or mistakes in handling evidence can weaken the prosecution’s case.
- Negotiating for Lesser Penalties: In some cases, your attorney may secure reduced charges to avoid license suspension.
Having legal counsel from the start ensures your rights are protected and that one mistake doesn’t define your future.
How Camili & Capo Helps Young Drivers in New Jersey
At Camili & Capo, our defense attorneys understand how stressful it is to face DUI charges when you’re young and trying to build your future. We provide personalized, judgment-free guidance for clients 18 to 20 years old who need strong defense strategies against underage drinking and driving allegations.
Our team:
- Reviews every aspect of your arrest to find procedural weaknesses
- Negotiates with prosecutors for reduced or dismissed charges when possible
- Protects your driving privileges and your record
- Advises families on what to expect throughout the court process
Our goal is to protect your license, your reputation, and your long-term opportunities.
Long-Term Consequences of a DUI Before 21
Even after you’ve completed your sentence, a DUI conviction can continue to affect your life. Insurance rates can skyrocket, job applications may require disclosure of driving offenses, and professional licenses can be harder to obtain.
For college students or young professionals, the impact can be especially severe. Taking proactive legal action can help minimize those consequences and preserve your record.
Similar Post: Fighting a DUI Charge in New Jersey: Key Defenses and How a DUI Lawyer Can Help
Contact Camili & Capo if You’re Facing DUI Charges in New Jersey
If you’ve been arrested for DUI charges before turning 21, it’s crucial to act quickly. Do not assume this is a minor traffic matter. These cases can have long-term effects on your freedom, finances, and future.
At Camili & Capo, we’ll evaluate your case, explain your options, and build a defense designed to protect your rights under New Jersey law. Call (973) 834-8457 or fill out our online contact form today to schedule your free consultation. We proudly represent clients throughout New Jersey, including Teaneck, West Orange, Elizabeth, and New Brunswick.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
