Drinking & Driving and Underaged Drinking Laws in NJ: Staying Safe for the Holiday Season

In this holiday season there are many opportunities to celebrate with friends and family. While this is a great time to gather at parties, it is important to do so responsibly. We at the law firm of Gruber, Colabella, Thompson, Hiben & Montella, we would like share two relevant laws for you to consider.

Driving Under the Influence in NJ

As with the underage drinking penalties noted below, NJ takes driving while intoxicated, at any age, quite seriously. The statute is N.J.S.A. 39:4-50.

Under NJ law any person who operates a motor vehicle under the influence of drugs or alcohol is subject to harsh penalties which include a suspension of one’s driver’s license, fines, mandatory counseling and possibly even jail!

Under NJ law, if your blood alcohol content is .08% or higher, you have committed a per se violation of the law. However, and this may come as a surprise to some, you could be charged with DUI even if your blood alcohol level is lower than .08%!

That is worth repeating: in NJ, under the current law, if a person operates a motor vehicle with a blood alcohol content lower than the per se limit, he or she can be charged with DUI in certain circumstances.

The obvious warning here is to avoid getting behind the wheel of a car if you’ve been drinking. Use a car service or a designated sober driver.

Underage Drinking Laws and Punishments in NJ

Underage drinking is a serious matter, and there are several laws on the books in NJ which address this important issue. These laws are directed not only at the underage drinker, but also at the liability of the social host.

What this means is that in NJ, if you host a holiday party which offers alcohol to an underage drinker, you could face both criminal and civil penalties.

By way of example, it is a criminal offense to provide alcohol to persons under the age of 21. N.J.S.A. 2C:33-17a provides a penalty of fines of up to $1,000 and/or up to 6 months imprisonment.

Similarly, merely allowing alcohol possession or consumption by persons under the age of 21 on private premises is also a criminal offense. N.J.S.A. 2C:33-17b provides a penalty of fines of up to $1,000 and/or up to 6 months imprisonment.

(Note: there are certain statutory exemptions to this law which allow an underage person to possess or consume alcoholic beverages, such as during a religious ceremony or in the presence of and with the permission of the parent or guardian.)

The underage drinker also faces criminal charges. Under NJ law, consumption or possession of alcohol by persons under 21 carries harsh penalties. These penalties include a fine not less than $500.00 and possible suspension or postponement of the defendant’s driving privileges for 6 months, if the offense is committed in a motor vehicle (even if the defendant does not own the motor vehicle).

So, use good judgment and enjoy the festivities!