A person under 21 years of age, who operates a vehicle while under the influence of drugs or alcohol, can be charged with an underage DWI or DUI. If the underage motorist submits to a breath test and the BAC reading is between 0.01% and 0.08% they face:
1. Forfeiture of license for up to 90 days;
2. Mandatory community service of up to 30 days; and
3. Must satisfy the program and fee requirements of IDRC
N.J.S.A. 2C-33-17 – Providing Alcohol to an Underage Person On Long Beach Island
People under the age of 21 are not allowed by law to consume alcohol on Long Beach Island but often times these young adults are provided opportunities through family members or friends who are over the age of 21. While it may not appear to be a serious offense, by offering alcohol to minors the person could now be putting themselves at risk of liability. For example at a family party if an older sibling decides to allow their younger brother or sister to drink alcohol, and later leaves and gets into an accident the parent can now be held responsible. A person can also be charged with this offense even if you are not at home by simply making your house or rental property available to minors who are going to be drinking.
The crime for serving alcohol to someone under the age of 21 in New Jersey is considered a disorderly persons offense, and the penalties include a fine of up to $1,000 and up to 6 months in jail. In addition to these penalties, there is also the potential for more liability if a person is injured at a party where you served alcohol such as the recent party in Colts Neck additional charges could apply. Another common situation involves a person of legal age providing alcohol to a minor who then drives and causes an accident with another person. Anyone who is injured during these types of accidents could now file a lawsuit against you for various expenses including medical bills, pain and suffering and attorney's fees.
While this situation presents many possibilities for punishment, there are a few exceptions to this statute. If you are the parent or guardian of the underage person, or if the parent or guardian are present and gives permission, then this statute does not apply. In addition, a person under the age of 21 can drink alcoholic beverages during a religious ceremony, observance or as a rite. It is also not uncommon for a group of young adults to take advantage of a parent's absence and throw a party without their permission.
If you have been charged with any Underage DWI offense or indictable offense contact the experienced New Jersey criminal lawyers at Villani & DeLuca for a free initial consultation at 732-782-9833.