Underage Drinking

Criminal Attorney Helps Those Facing Possession/Consumption Of Alcohol Under Legal Age (N.J.S.A. 2C:33-15) Charges

Possession/Consumption of Alcohol Under Legal Age (N.J.S.A. 2C:33-15) in New Jersey is classified as a disorderly persons offense, which is comparable to a misdemeanor in other states.

It is possible to get up to six months of jail time for conviction of a disorderly persons offense, but that would be extremely unusual for a minor caught possessing or drinking alcohol.

The primary penalties that an underage drinker will have to content with are fines of at least $500 and loss of their driver’s license or right to obtain one.

When the offense is committed in a motor vehicle, the state will impose a six month loss of license, or your ability to get a driver’s license, and if you are under the age of 17, then you’ll be barred from getting a driver’s license until six months after your 17th birthday.

You may also be required to attend substance abuse counseling if convicted.

These are not minor charges, and the penalties can have a significant impact on a young adult’s ability to get to school, work, and help out with the household.

An experienced New Jersey criminal defense attorney can help defend underage defendants against charges of alcohol consumption or possession.

If you or a family member are dealing with possession/consumption of alcohol under legal age charges, call Matthew Reisig today at 732-625-9661 for a free consultation.

It’s illegal in New Jersey to obtain, possess, or consume alcohol if you are under the age of 21, so if an underage driver is stopped and is found to have a blood alcohol concentration as low as 0.01{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e}, they can be charged with underage drunk driving under N.J.S.A. 39:4-50.14.

The statute is written to explicitly allow any penalties levied upon conviction to be in addition to any penalties that may flow from charges of underage drinking, misrepresenting one’s age to purchase alcohol, or other charges that may stem from the incident.

Penalties for underage drunk driving include a license suspension of up to 90 days, performing up to 30 days of community service, attending the IDRC program, and paying fines, fees, and penalties that may run to many hundreds of dollars.

In addition, many insurers impose a lifetime ban for underage drivers who get a DUI, and rates for those who will offer policies may be inflated as long as a decade later.

Attorney Matthew Reisig defends young New Jersey drivers against harsh penalties for simple mistakes they’ve made.

Call 732-625-9661 today and speak to an experienced New Jersey Drunk Driving defense lawyer for free.

When a town has a separate ordinance for underage drinking and you are caught within that jurisdiction, you will be charged under the town ordinance.

However, if you are caught in an area of the state with no ordinance, you’ll be charged with a NJ state underage drinking offense.

If you or a family member have been charged with underage drinking and are in need of legal help, please call Matthew Reisig for a free consultation at (888) 628-8394.

I was charged with a violation of 2C:33-15 and he was charged with violating a town ordinance. Why the difference and does it matter in terms of the penalties we each face or having a criminal record if convicted?

There are noticeable differences between being charged with 2C;33-15 and a “town ordinance” for the same conduct. 2C:33-15 prohibits possession and/or use of alcohol by someone under the legal age to do so.

It is a disorderly persons offense which is also defined as a criminal offense. If convicted, the individual will have a criminal record.

A “town ordinance” is more correctly referred to as a municipal ordinance. This is not a criminal offense. A person convicted of a municipal ordinance does not have a criminal record.

Therefore, the practical differences between being convicted of 2C:33-15 and its counterpart municipal ordinance are huge. Indeed, a person charged with underage drinking wants the municipal prosecutor to downgrade his criminal offense charge to that of a municipal ordinance. This occurs routinely in New Jersey’s municipal courts. To reiterate, the municipal ordinance is the much preferred result.

Even though a municipal ordinance is not a criminal offense, it can be expunged. Pursuant to 2C:52-4, a municipal ordinance can be expunged after a period of two years from the date of said conviction.

If you, or your child, has been arrested for underage drinking, call me at 732-625-9661 to discuss the possible ways to defend against this charge.