Juvenile DWI And Alcohol-Related Crimes Defense Lawyer Near Me in New Jersey

If you or a loved one are facing juvenile alcohol-related charges, call New Jersey juvenile DWI lawyer John B. Fabriele, III today for your free consultation. When you work with an adept, focused, and experienced NJ juvenile DWI defense lawyer, you can rest easy knowing your rights are protected throughout the entire process.

Doing so is also the best way to resolve your case with the most favorable outcome possible.

Because while NJ courts are structured to support and rehabilitate juvenile offenders, the potential penalties can weigh an individual down for years to come.

Defining Juvenile DWI

Per New Jersey Statute 39:4-50.14, juvenile DWI is defined as anyone under the age of 18 driving while intoxicated. Unlike a standard adult DWI, a juvenile operating a motor vehicle with a blood alcohol content (BAC) between 0.01% and 0.08% has committed a DWI.

Said another way, operating a motor vehicle with any amount of alcohol in your system while under the age of 18 counts as a juvenile DWI—whereas the threshold for adults of legal drinking age is a 0.08% BAC or higher.

Lastly, a juvenile with a BAC above 0.08% might not be charged as a juvenile. Instead, they’ll most likely face the exact same penalties and charges as an adult per the NJ DWI statute.

Types of Juvenile Alcohol-Related Crimes

Juvenile DWI charges in NJ aren’t the only ones that come with underage drinking. Other related charges include:

• Possession of alcohol. Whether on private property or in a public space, a juvenile can face this charge.
• Purchase of attempted purchase of alcohol. This charge typically includes using a fake ID, but a juvenile may still be charged with this crime without using false identification.
• Furnishing alcohol to minors. When a juvenile provides alcohol to other juveniles—such as at a party or social gathering—they may be hit with this charge.
• Public intoxication. Regardless of where the alcohol was consumed, being intoxicated in public is a crime.
• Disorderly conduct. If a juvenile’s behavior while intoxicated endangers others or disturbs the peace, police may charge them with disorderly conduct.
• Criminal mischief and/or vandalism. When property damage happens while intoxicated, a juvenile can be charged accordingly.
• Underage drinking on school property. In this scenario, a juvenile may have to grapple with disciplinary action from the school in addition to formal charges.

Potential Penalties for Juvenile DWI and Alcohol-Related Crimes in New Jersey

Potential penalties—legal and otherwise—for juvenile DWI and alcohol-related crimes in New Jersey include:

• Driver’s license suspension for at least one month, up to one year
• Mandatory alcohol re-education course completion
• Between 15 and 30 days of community service
• Fines up to $500
• Potential incarceration, which may be in an adult or juvenile facility depending on the nature of the charges
• Additional annual surcharge of $1,000 for three years
• Assessment for intake recommendation regarding drug/alcohol treatment
• Deferred disposition (sentence is deferred pending successful completion of probationary sentence)
• Counseling with required parental involvement
• Other penalties reasonably suitable for the juvenile’s rehabilitation

You should also know that in New Jersey, a juvenile can be what’s called “waived up,” which means a waiver is used to give adult Criminal Court jurisdiction over the case. When this happens, the juvenile is treated as if an adult had committed the crime(s) in question.

They can be detained in an adult jail, and are subject to the same harsh penalties as an adult. A juvenile must be 14 or older in order to be considered for waiver. Alternatively, juveniles age 14 or older may elect to have their case waived up to adult court.

Protect Your Rights by Hiring a New Jersey Juvenile DWI Lawyer

Whether you or a loved one are facing the burden of juvenile DWI and alcohol-related crimes, an NJ juvenile DWI defense lawyer like John B. Fabriele, III can help.

With over 25 years of successful experience defending clients facing these types of charges, he’ll support you in making well-informed decisions, ensure your rights are protected at every turn, and argue aggressively on your behalf to secure the most favorable possible outcome.

We all make mistakes when we’re young. But that doesn’t mean we should be haunted or hobbled by them for years to come. Contact us now or call (732) 246-0888 for your free initial consultation.

Juvenile DWI and Alcohol-Related Crimes FAQs

As an experienced New Jersey Juvenile DWI lawyer, John B. Fabriele, III often hears questions from concerned parents and minors. Here are answers to some of the most common.

How does New Jersey define a juvenile in terms of age?

In terms of age, New Jersey defines a juvenile as anyone under the age of 18. When a person commits a crime while under the age of 18, they’re able to be tried as a juvenile—even if they turn 18 during the court proceedings.

Can a juvenile DWI conviction be expunged from the record in New Jersey?

Yes, in some instances, a juvenile DWI conviction can be expunged from the record in New Jersey. This can be a complicated process because DWIs in NJ aren’t classified as criminal offenses. Instead, they’re serious traffic violations.

You can get a criminal record expunged, but not past traffic offenses.

That said, NJ offers juvenile record expungement when you meet specific criteria like avoiding further criminal charges for a set amount of time, completing your sentence, and paying any outstanding fines.

Because the process for expungement varies so much depending on the details of your case, your best—and most efficient—path forward is to work with an aggressive, focused NJ juvenile DWI defense lawyer like John B. Fabriele, III.

What rights do juveniles have during a DWI stop or arrest?

During a DWI stop or arrest in New Jersey, juveniles have the same rights as adults, such as:

• The right to remain silent
• Fourth Amendment protections against unlawful search and seizure
• The right to an attorney and/or legal counsel

Furthermore, New Jersey courts have ruled on multiple occasions that law enforcement officials shouldn’t question a juvenile without their parent or guardian present.

But one thing to keep in mind is New Jersey’s implied consent law. Regardless of whether someone is an adult or juvenile, by driving in the state of New Jersey, they give consent to a breath/chemical test when pulled over.

Are there any specific defenses commonly used in juvenile DWI cases?

Yes, as a skilled New Jersey juvenile DWI lawyer, John B. Fabriele, III is familiar with several specific defenses commonly used in juvenile DWI cases. Two examples include:

• Challenging breath test results and/or field sobriety tests. So many things can impact the results of these tests—from medications to using mouthwash recently to the arresting officer’s actions during the tests.
• Identifying a breach in protocol or lack of evidence. You see, 1 in 4 NJ DWI cases are ultimately dismissed. By demonstrating a lack of evidence or a violation of the juvenile’s rights, we may be able to work toward case dismissal.

The best defense for your case depends entirely on details related to the arrest, any past criminal history, and other characteristics unique to your specific circumstances. If you’re ready to learn more about your options and start building your custom defense with an experienced New Jersey juvenile defense lawyer, contact Fabriele Law now or call (732) 246-0888.