Underage DWI Explained (aka "Baby DWI")

According to 39:4-50.14:

"Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days."

The Synopsis:

In short, this is known as a "strict liability" statute. Very simply, a person who is under the age of 21 years old, with alcohol in their blood, who operates a motor vehicle, can be charged with DWI, even if the person is not visibly intoxicated and is operating the motor vehicle safely. As I will contend, there are substantial issues as well as unique defenses to an underage DWI, otherwise known as a "Baby DWI." Even though a person is underage, the police still must follow the same procedures that would be otherwise be followed if charging a person who is of legal age.