New Jersey DWI / DUI Lawyers
Law Offices of Thomas Carroll Blauvelt, LLC
Law Offices of Thomas Carroll Blauvelt, LLC
NJ DUI Law - New Jersey Baby DWI Law
- THE NEW JERSEY BABY DWI STATUTE LESSENS THE BAC
THRESHOLD FOR UNDER-AGED DRIVERS.
The State of New Jersey enacted a drunk driving statute prohibiting - UNDER-AGED VIOATORS ARE SUBJECT TO TIERED OFFENSES
UNDER THE BABY DWI STATUTE AND THE DWI STATUTE,
CONSECUTIVELY.
drivers under the legal alcohol consumption age of twenty-one,
(hereafter, “under-aged”) from drunken driving. (“The Baby DWI
statute”, N.J. Stat. Ann. § 39:4-50.14 (West 2010)). The Baby
DWI Statute lessens the blood alcohol concentration (hereafter, “BAC”)
level from the DWI level threshold of 0.08%, to the level of 0.01%
for under-aged drivers. Id.; N.J. Stat. Ann. § 39:4-50(a) (West 2010).
However, under-aged violators remain subject to violations under the
DWI statute. N.J. Stat. Ann. § 39:4-50.14 (West 2010).
Regardless of severity, all DWI offenses are subject to $550 in fees broken down as follows: (1) a $100 drunk driving enforcement fund surcharge, (2) a $100 Motor Vehicle restoration fee, (3) a $100 Intoxicated Driving Program fee, (4) a $50 Violent Crimes Compensation Fund Fee, (5) a $75 Safe and Secure Community Program Fee, (6) a $100 state and municipality surcharge. N.J. Stat. Ann. § 39:4-50 (West 2010); N.J. Stat. Ann. § 26:2B-32 (West 2010); N.J. Stat. Ann. § 2C:43-3.1(a)(1) (West 2010); N.J. Stat. Ann. § 2C:43-3.2(a)(1) (West 2010); N.J. Stat. Ann. § 39:4-50(i) (West 2010).
Additionally, DWI conviction result in penalties imposed in multiple tiers decided according to the driver’s BAC level: (1) 0.08-0.10%; (2) 0.10-.15%; (3) 0.15% and greater. N.J. Stat. Ann. § 39:4-50 (West 2010); N.J. Stat. Ann. § 39:4-50.17(a)(2) (West 2010). Furthermore, under-aged violators of the Baby DWI Statute are subject to an additional tier of 0.01-0.08%. N.J. Stat. Ann. § 39:4-50.14 (West 2010).
When an under-aged driver is proven by Breathalyzer to possess a BAC level in the 0.01-0.08% tier, the resulting Baby DWI penalty is a minimum license suspension period of one month but no greater than three months. Id. Violators are also required to successfully complete an Intoxicated Driver Resource Center or an alcohol education and highway safety program. Id. Additionally under-aged violators must perform community service for a period of no less than 15 days but no greater than 30 days. Id.
If an under-aged driver possesses a BAC level in any of the higher tiers, that driver is subject to the DWI penalty corresponding to that tier and the Baby DWI penalty, both to be imposed consecutively. Id.
An under-aged driver found to possess a BAC level above 0.08% is penalized by detainment for a 12-48 hr rehab program at the Intoxicated Drivers Resource Center, and is subject to no more than a 30-day prison term to be held at the court’s discretion. N.J. Stat. Ann. § 39:4-50(a)(1)(i) (West 2010).
Additional penalties are imposed upon under-aged drivers according to the applicable DWI BAC tier. In the 0.08-0.10% tier, the Baby DWI and the DWI penalties consecutively impose a two to four month suspension of driving privileges and a $250-$400 fine. N.J. Stat. Ann. § 39:4-50(a)(1)(i) (West 2010). When the under-aged driver possesses a BAC level greater than 0.10%, the suspension of driving privileges increase to a minimum of eight months but to no greater than fifteen months. N.J. Stat. Ann. § 39:4-50(a)(1)(ii) (West 2010). An under-aged driver possessing a BAC level of 0.15% is subject to the same, but is also subject to the additional requirement of installing an ignition interlock device for the duration of the imposed license suspension period, and no less than six month but greater than one year upon reinstatement of driving privileges. N.J. Stat. Ann. § 39:4-50.17(a)(2) (West 2010).
DWI offenses are per se violations whose convictions may be sustained when the State bears the burden of accurately proving that a defendant’s Breathalyzer test. State V. Hammond, 571 A.2d 942, 947 (N.J. 1990).
To sustain a per se Baby DWI conviction, the State must demonstrate a Breathalyzer test that produces an illicit BAC level, as in any DWI case. N.J. Stat. Ann. § 39:4-50.14 (West 2010); N.J. Stat. Ann. § 39:4-50(a) (West 2010). However because the additional requirement of providing a defendant’s under-age status is an indisputable matter, there is no additional burden for the State to bear in Baby DWI cases.
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