Piscataway Underage DWI Attorney
There are honestly few offenses an individual can face in Piscataway Township that have the potentially life-altering consequences of a DWI. This is the case whether the accused is underage or is twenty-one years old or above. A conviction for DWI or underage DWI in Piscataway Municipal Court carries with it serious penalties in the form of fines, license suspension and other ramification. So whether you are a current Rutgers University student, an aspiring college applicant, or simply a young person hoping to get a job or keep the job you have, a DWI conviction for you can be an absolute nightmare.
The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have been appearing in the Piscataway Township NJ Municipal Court for decades helping individuals, including adults, teens, and college age students, who have had the misfortune to be charged with DWI/DUI. We are also experts in the both field sobriety testing and the operation of the Alcotest 7110, the breathalyzer used in New Jersey to measure BAC, often knowing these areas better than the Piscataway Police officer or State Trooper who performed the tests. In short, we know the ins and outs of DWI law, how best to mount a defense on your behalf in Piscataway Municipal Court, and how to ensure that this charge does not lead to a conviction. If you or your loved one has been charged with an underage DWI offense in Piscataway Township, you simply cannot afford to be without the best representation you can find. To reach us for a free consultation with an experienced Piscataway underage DWI attorney, call our firm anytime 24/7 for a free consultation.
All DWI and DUI charges, including motorist who are under legal drinking age, are governed by in New Jersey by N.J.S.A. 39:4-50. This statute makes it an offense for a person to operate a motor vehicle while intoxicated, that is to say, with a blood alcohol concentration above .08%. This is what is commonly referred to as the legal limit under the law. To prove an underage driver guilty of a regular DWI, the prosecutor must establish that the accused had a BAC at or above this limit while driving. It should be clarified further than New Jersey Law sets forth an entirely different offense from the DWI charge set forth at N.J.S.A. 39:4-50 when someone is accused of driving while intoxicated and they are under 21. A separate law, N.J.S.A. 39:4-50.14 establishes a zero tolerance policy when it comes to alcohol and driving by those under legal drinking age. Under this law, someone underage is subject to violating the law for having any level of alcohol in his or her system while driving. A blood alcohol concentration of .01% or more is enough to establish guilt under N.J.S.A. 39:4-50.14 in Piscataway NJ.
The prosecutor in Piscataway Township essentially has three methods at his or her disposal to prove intoxication or presence of alcohol in the system of the accused. Once again, the prosecution has three methods of showing a person’s intoxication, however, these methods are hardly without grounds for challenge. When it comes to field sobriety testing, there are a number of things both physically and mentally that could lead a non-intoxicated person to fail. Similarly, with the operation of the Alcotest 7110 on breath samples, there are also a number of physical things that could lead to a person registering a higher BAC than they actually possessed at the time of their arrest. Also with regards to the breath test, there is a high rate of operator error by officers who are not familiar with the exact procedures that they need to follow in order for the results of the test to be admitted as scientifically reliable to a court of law. As for the last method, the blood test, it is important to note that, while a person must submit to a breath test under New Jersey’s implied consent laws, implied consent is not given for blood tests. Therefore, the only ways that a blood test would be admissible is if the officer either had a warrant to obtain the blood test or you knowingly consented to it. An experienced attorney will analyze with great precision the procedures that the arresting officers followed and ensure that your rights are protected. It is important that they do so given that the consequences of an underage DWI convictions are severe.
Under N.J.S.A. 39:4-50.14, the state need only show that the underage driver’s BAC was greater than .01% in order for the driver to be guilty of an underage DWI. This driver will then lose their license for 30-90 days starting on the day of conviction or on the day the driver turns 17. This driver will also be required to perform between 15 and 30 days of community service. In addition, there are a number of fees, surcharges, and alcohol education programs that only make a conviction more. If, on the other hand, the person was in fact intoxicated and registered a BAC of .08% or higher, then they are treated as an adult and subject to the full panoply of charges the normally flow from an adult first offense, second offense, or third or subsequent DWI offense. These charges would begin to run, once again, either on the date of conviction or upon the accused attaining the age of 17.
Piscataway Underage DWI Lawyers
With decades of experience behind us, including years serving as DWI prosecutors, our Piscataway DWI Attorneys have the skills you need when you walk into Piscataway Municipal Court. We have handled literally thousands of DUI charges just like yours over the years and know how to identify issues to allow the prosecutor and judge to downgrade/dismiss the DWI charge you are facing in Piscataway Township. To discuss the particulars of your underage drinking and driving case, call our Piscataway office today for a free consultation with an experienced DWI attorney. You have nothing to lose and everything to gain by making the call.