Motorists who are accused of DWI while they are under 21 face additional challenges and consequences.  Just like those who are of legal drinking age, drivers under age 21 at the time of arrest face punishments and license suspensions.  If you are under 21 and drive with any detectable amount of alcohol in your system (.01 BAC or above), you will be subjected to the following penalties

  ●   Loss or postponement of driving privileges for 30 to 90 days
  ●   15 to 30 days of community service; and
  ●   Participation in an alcohol education and highway safety program.

You can also be prosecuted for DWI even though your blood or breath alcohol level is less than 0.08 percent.

In addition, you can be in trouble even if you were not driving the vehicle!  The law in New Jersey states that any person under 21 who knowingly possesses or who knowingly consumes an alcoholic beverage in a motor vehicle will lose his or her driver license for six months.

If you are not yet eligible for a driver license, the suspension starts when you are first eligible to receive a license. If you drive during this suspension period, in addition to penalties for driving with a suspended license, you may receive enhanced penalties because the license was suspended for an alcohol-related offense.

Cases involving drivers under age 21 can be especially tricky, and the consequences can be incredibly harsh.  It is crucial that anyone under 21 consult with a skilled DWI lawyer as soon as possible following a citation or arrest.

Almost every state has laws that compel police officers to observe you for a reasonable period prior to your breath testing. Some states require eye-to-eye observation, while others only require that the officers be near you to make sure that you have not put anything in your mouth during a "deprevation" period. The New Jersey Attorney General stated that, "While at the law enforcement facility, the defendant should also be continuously observed." This indicates that there is an observation period at the station, and the officer must always maintain proper watch on you while you are in custody. Were you left alone in the police car? Were you left alone at any time in the police station prior to the breath testing? If so, you may be able to prevent the breath testing results from being admitted into evidence. In addition to hiring the most qualified DWI attorney you can, the most important thing you can do right now is to sit down and write out as much as you can remember about the events surrounding your arrest. Share this narrative with your lawyer, and add to it whenever you remember additional information about your arrest.