Underage Drinking and Driving in New Jersey
Reviewed by William A. Proetta, Esq. · Updated
New Jersey has a near-zero tolerance rule for drivers under 21. Under N.J.S.A. 39:4-50.14, a driver under 21 with a blood alcohol concentration of 0.01% or more, but under 0.08%, faces a 30- to 90-day loss of driving privileges, 15 to 30 days of community service and an alcohol education program. At 0.08% or higher, an underage driver is charged with DWI under N.J.S.A. 39:4-50 and faces the same penalties as an adult. William Proetta Criminal Law defends young drivers and their families across New Jersey. Call (732) 659-9600 for a free case review.
Which Law Applies Depends on the BAC
| BAC (driver under 21) | Charge | Main penalties |
|---|---|---|
| 0.01% to 0.079% | Underage drinking and driving, N.J.S.A. 39:4-50.14 | License forfeiture of 30 to 90 days (or a delay in getting one), 15 to 30 days of community service, IDRC or alcohol education program |
| 0.08% or higher | DWI, N.J.S.A. 39:4-50 | Adult DWI penalties, including an ignition interlock; 39:4-50.14 penalties can be added |
See New Jersey DWI penalties and ignition interlock requirements.
Drivers Who Don’t Have a License Yet
If the driver isn’t licensed yet, as with a permit holder, the 30- to 90-day period becomes a delay in getting a license. It starts on the later of the conviction date or the date the driver would first be eligible for a license.
Other Charges That Often Come With It
The 39:4-50.14 penalties are added on top of anything else the court imposes, so the same stop can also bring:
- underage possession or consumption of alcohol (N.J.S.A. 2C:33-15);
- a DWI charge, if the reading was 0.08% or higher;
- a refusal charge, if the driver declined the breath test; and
- open container or other motor vehicle tickets.
Each charge needs its own defense, and a reduction on one doesn’t automatically resolve the others. A 39:4-50.14 violation does not count as a prior DWI for repeat-offender purposes.
How These Cases Are Defended
At these low levels, small errors matter. A reading just above 0.01% can come from residual mouth alcohol or a flawed test, so the observation period, the breath test procedure and the instrument’s records all get close review. See The Alcotest 9510 in New Jersey DWI Cases. The legality of the stop matters as much as it does for any adult: see challenging the traffic stop.
Underage DWI FAQs
What BAC is illegal for a driver under 21 in New Jersey?
0.01% or higher. Between 0.01% and 0.079%, the charge is under N.J.S.A. 39:4-50.14; at 0.08% or higher, it is a full DWI.
Will I lose my license for underage drinking and driving?
Yes, for 30 to 90 days. If you aren’t licensed yet, getting a license is delayed for that period.
Is underage drinking and driving the same as a DWI?
No. Below 0.08% it is a separate charge under 39:4-50.14, with different penalties, and it does not count as a prior DWI if the driver is ever charged with DWI later. At 0.08% or more, the driver is charged with DWI.
Do I need an ignition interlock for underage drinking and driving?
The 39:4-50.14 penalties don’t include one. A DWI conviction at 0.08% or higher does.
Can my parents’ insurance go up?
Often, yes. Motor vehicle convictions can raise premiums, which is one reason to fight the charge rather than plead to it.
Talk to a New Jersey DWI Lawyer
The sooner we review the evidence, the more options you have. Call William Proetta Criminal Law at (732) 659-9600 for a free, confidential case review. Available 24/7, and se habla español.