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Under-21 DWI (Zero-Tolerance) in New Jersey
(N.J.S.A. 39:4-50.14)
Introduction to New Jersey Underage DUI and Zero Tolerance Law
Being charged with a DWI before the age of 21 can be confusing and overwhelming. This page explains exactly what you need to know about New Jersey’s zero-tolerance law, including the penalties for BAC levels between 0.01% and 0.07%, how cases change once BAC reaches 0.08% or higher, what happens if you refuse testing, and how cannabis, GDL restrictions, and Kyleigh’s Law may affect your case.
You’ll also learn about collateral consequences like insurance and college admissions, possible defenses, and what steps you can take to protect your license and your future.
The stakes are high if you or your child is facing these charges. This guide provides the legal framework, practical insights, and next steps to make informed decisions and protect your future.
What New Jersey Minor DUI and Zero Tolerance Laws Say
- Applies to any driver under 21 with a 0.01%–0.07% BAC.
- DWI Penalties include:
- License forfeiture/postponement: 30–90 days.
- Community service: 15–30 days.
- Mandatory education: Alcohol education/IDRC program.
These penalties include any charges for underage drinking (N.J.S.A. 2C:33-15) or fake ID use (R.S. 33:1-81).
Underage Drinking and Driving in NJ: BAC of 0.08% or Higher
- Prosecuted under the adult DWI law (N.J.S.A. 39:4-50).
- Subject to ignition interlock requirements and adult sentencing.
- The 2025 updates clarified how interlock credits and time frames are calculated.
Refusing the Breath Test (Under 21)
- Refusal is a separate offense under N.J.S.A. 39:4-50.4a.
- Penalties include license suspension and the installation of an ignition interlock device.
- Officers must read the Attorney General’s Standard Statement to ensure the refusal is valid.
Cannabis & Other Drugs
- Drug-related DWIs still require proof of impairment by a narcotic, hallucinogen, or habit-producing drug.
- New Jersey’s open container law (N.J.S.A. 39:4-51b) now includes cannabis items.
- Under-21 possession of cannabis remains illegal and may bring additional charges.
GDL & Kyleigh’s Law
- Drivers with a permit or probationary license must comply with Graduated Driver License (GDL) restrictions and display red decals under Kyleigh’s Law.
- In 2025, NJ added that permit holders complete 50 supervised hours (10 at night) before advancing.
Where Your Case Is Heard
- Municipal Court: Handles under-21 offenses and most first-offense DWIs.
- Superior Court: Handles cases with injuries or criminal aggravating factors.
Teen DUI Penalties in NJ at a Glance
BAC 0.01%–0.07% (Zero-Tolerance)
- 30–90 days license forfeiture/postponement.
- 15–30 days of community service.
- Mandatory IDRC/alcohol education.
- May face additional penalties for underage possession or fake ID.
BAC 0.08% or Higher
- Prosecuted under adult DWI law.
- Ignition interlock required (duration based on offense level).
Refusal
- Separate violation under N.J.S.A. 39:4-50.4a.
- Penalties include license suspension and the installation of an ignition interlock device.
Open Container / Cannabis Items
- Additional penalties if alcohol or cannabis items are open in the vehicle.
Collateral Consequences
- No hardship license: NJ does not allow conditional or work licenses during suspension.
- No expungement: DWIs and Refusals are traffic offenses (Title 39) and cannot be expunged.
- Insurance hikes: Rates often rise dramatically for under-21 DWI.
- Education/employment: College discipline, scholarships, and professional licensing may be affected.
- Out-of-state drivers: NJ reports violations through the Interstate Driver License Compact.
Common Defenses
- Illegal stop: No reasonable suspicion for the stop.
- DWI Testing issues: Breath-test procedures, operator certification, or observation rule violations.
- Field sobriety flaws: Health conditions, poor lighting, footwear, or weather.
- Low BAC challenges: Inaccuracy at 0.01–0.07% thresholds.
- Refusal disputes: Whether the AG Standard Statement was read correctly.
FAQs About NJ Underage DUI and Zero Tolerance Law
Basic Rules
What BAC triggers an under-21 DWI in NJ?
0.01%–0.07% triggers zero-tolerance penalties; 0.08%+ is charged under adult law.
Do out-of-state drivers face NJ penalties?
Yes. NJ enforces zero-tolerance laws on all drivers regardless of home state, and reports violations through the Interstate Driver License Compact.
Does open container law apply to cannabis?
Yes. Open cannabis items now fall under 39:4-51b.
Penalties & Records
Do under-21 DWIs require ignition interlock?
Not for 0.01–0.07%. IID applies to 0.08%+ and refusal cases.
Can I get a work or hardship license?
No. NJ does not offer conditional licenses.
Can an under-21 DWI be expunged?
No. DWIs are Title 39 traffic offenses and cannot be expunged.
What other charges might I face?
In addition to DWI, you could face underage alcohol possession (2C:33-15), fake ID use (R.S. 33:1-81), or open container/cannabis violations (39:4-51b).
Do refusal penalties apply even if I wasn’t drinking?
Yes. Refusal carries its own penalties, regardless of whether you were impaired.
What if this is not my first under-21 DWI offense?
Repeat offenses can result in longer license suspensions, higher fines, mandatory ignition interlock devices, harsher insurance surcharges, and less leniency from the court.
Collateral Impact
Will this affect college or employment?
Yes. A DWI can harm scholarships, admissions, and professional licensing.
Will an under-21 DWI affect financial aid or scholarships?
It may. Colleges and aid programs sometimes treat DWI as a disciplinary issue, affecting scholarship eligibility, financial aid packages, student housing, and admissions.
Will my insurance rates increase?
Yes. Insurers often impose steep surcharges and long-term hikes after a DWI conviction.
NJ Teen-Specific Rules
What is Kyleigh’s Law?
Requires probationary drivers under 21 to display decals and follow night-driving limits.
Defense Options
What defenses are available?
Illegal stop, faulty BAC readings, improper refusal warnings, or flawed sobriety testing.
What if cannabis or drugs were involved?
Prosecutors must prove impairment was caused by drugs, often using a Drug Recognition Expert (DRE).
Mini Glossary
- BAC – Blood Alcohol Concentration.
- IDRC – Intoxicated Driver Resource Center.
- IID/BAIID – Ignition Interlock Device.
- GDL – Graduated Driver License.
- OAG Statement – Attorney General’s Standard Statement.
- MVC – Motor Vehicle Commission.
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Protect Your Future After an Under-21 DWI in NJ
Charged under NJ’s Under-21 DWI law? You have defenses, especially in low-BAC and refusal cases where details matter.
Call (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
We’ll review the stop, testing, and procedures to protect your license and your future.
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