19-year-old charged with drunk driving in Toms River
A 19-year-old driver of an SUV struck a utility pole around 2 a.m. on Monday in Toms River. The driver was not injured but was charged with driving while intoxicated (DWI) by police as a result of the accident.
It is important to remember the potential charges for an underage driver who is driving under the influence of drugs or alcohol. As opposed to a driver who is over 21 years of age, if an underage driver has a blood alcohol content (BAC) of .01% or higher, the driver can be charged with underage DWI in New Jersey. Moreover, if the breathalyzer or Alcotest readings are over .08%, which is the legal limit in New Jersey, the driver will be charged with adult DWI.
This can be crucial for a young driver because the penalties involved for underage DWI and adult DWI are very different. If the driver is only charged with underage DWI, he or she is facing a license suspension of 30 to 90 days and 15 to 30 days of community service. However, if the driver is charged with adult DWI (and is a first time offender) the driver is looking at a license suspension of 3 months if their blood alcohol content was between .08% and .10% and a license suspension of 7 months to 1 year if their BAC was .10% or higher. For additional information, please see my criminal defense and drunk driving website.
