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Zero Tolerance Law in New Jersey

New Jersey has strict laws against drunk driving. In an effort to prevent young drivers from operating under the influence, New Jersey is a Zero Tolerance state. It has a policy that does not tolerate someone under the age of 21 driving after drinking alcohol. Any detectable amount of alcohol in an underage driver’s system could result in charges and penalties, and if an accident occurs, a skilled New Jersey personal injury lawyer can help victims pursue justice and compensation.

What Is the Zero Tolerance Law?

In New Jersey, it is against the law for drivers to operate motor vehicles with blood alcohol concentration (BAC) levels that register at or above 0.08 percent. Commercial drivers have a lower legal BAC of 0.04 percent. For drivers who are under the legal drinking age of 21, it is illegal to operate a vehicle with any detectable amount of alcohol. If a police officer pulls a driver over who is under the age of 21 and suspects intoxication, he or she will order a breathalyzer test. If the driver breathes any detectable BAC level (0.01 percent or above), he or she could face charges and penalties. Refusal to submit to a breath test can result in automatic driver’s license suspension, mandatory ignition interlock device installation and a fine.

What Are the Penalties for Underage Drinking and Driving in New Jersey?

Zero Tolerance laws are in place to discourage young drivers from drinking and driving. For this reason, the penalties and consequences can be harsh. These cases should not be taken lightly. Commonly imposed penalties (under New Jersey Statutes Annotated § 39:4-50.14) include:

  • Driver’s license suspension for 30 to 90 days
  • Community service for 15 to 30 days
  • Mandatory enrollment in an alcohol education and highway safety program

If the driver is also found guilty of purchasing alcohol under the legal drinking age, he or she can face a six-month license suspension and a fine of $500 for a first offense. If the driver does not yet have his or her license, the suspension will begin on the date the license is obtained.

Explore Your Defense Options for New Jersey Underage DUI Charges

Since the goal of the Zero Tolerance law is to encourage responsible behaviors in New Jersey’s youth, the penalties are typically designed to teach and rehabilitate young drivers rather than to punish alone. However, these charges can still have a serious impact on the teen’s life. If a teen driver breathes a BAC at or above 0.08 percent, he or she can be charged with an adult DWI/DUI. This crime can have severe penalties, including jail time. If you or your child is facing any type of legal charges for drinking and driving, it is important to contact a criminal defense attorney right away for legal advice.

A New Jersey attorney can craft a strong defense based on the facts of your unique case, such as arguing that the breathalyzer device was not properly calibrated, field sobriety tests were unreliable or that the teen was not in actual physical control of a motor vehicle. Representation from an attorney can improve the odds of achieving a positive outcome, such as reduced charges and penalties, a plea deal, or case dismissal. For more information about how an experienced attorney can help you with a Zero Tolerance legal matter in New Jersey, contact the Law Offices of Jeffrey S. Hasson, P.C. for a free, no-pressure case review.