DUI-DWI Archives - Kenneth Aita, Esq

Category: DUI-DWI

What Should I Look for in a Criminal Defense Lawyer?

When faced with a criminal charge, it is imperative to retain an attorney. Failure to do so can cause lasting and indelible damages to one’s future. It can cause one to risk jail time and pay large financial penalties, as well as obtain a criminal record.

First and foremost, it is crucial to retain an attorney that focuses their practice in criminal defense. This area of the law requires a nuanced understanding of criminal procedures and courtroom experience.

Unlike other areas of law, a criminal defense attorney needs to have experience dealing with prosecutors, police, and the lawyer needs to understand the requirements of the local court and rules. An experienced attorney that is well known in the community can leverage their goodwill and experience in negotiations with the prosecutor and police, as well as persuade a judge and the jury.

Often, in criminal cases, an attorney may need to present a plea bargain to reduce or eliminate a sentence. An attorney may also be able to negotiate a substitution of drug rehabilitation or community service to fulfill sentencing requirements.

What are Signs of Credibility?

A criminal defense attorney can evaluate the case and tailor a defense strategy based on the allegations and evidence. The attorney should be confident and have expertise in dealing with a jury in the event the case proceeds to trial. A dynamic and credible attorney who can clearly explain complex legalese and earn the trust of the jury can be an asset in a trial setting.

How Should a Lawyer Prepare for Trial?

A criminal defense attorney also needs to interview witnesses, gather and analyze evidence to discredit a prosecution’s case, and bolster the defense. Experienced legal counsel will have honed these analytical and legal skills so that they can have the best outcome for the case. A good attorney will know how to interview and prepare witnesses for trial as many will be reluctant to do so in a criminal case.

Another way a criminal defense attorney can ensure a successful defense is by engaging suitable experts who can provide expert testimony during trial preparation and trial. Oftentimes, expert analysis can help with negotiations as expert testimony can be pivotal in proving one’s guilt or innocence. Criminal defense attorneys will also know several experts. They should be able to recruit the most suitable ones for each case. Depending on the case, experts from the fields of forensics, genetics, medical examination, physicians, accident reconstruction, and others may be needed.

When Should I Hire a Lawyer?

Some types of charges that require a criminal defense lawyer includes the following:

Drug Charges: When charged with a drug offense, it is crucial to contact a criminal defense attorney right away. Drug-related crimes include possession, sale, and trafficking of illegal substances and paraphernalia.

DUI/DWI Offense: Driving under the influence (DUI) of alcohol is a crime. Other alcohol-related crimes include underage drinking and public intoxication.

Assault and Battery Charges: An attorney can help construct a defense based on self-defense, among others.

Theft: These charges include the act of taking another’s property without their consent with the intent to permanently deprive them of the property.

Financial Crimes: These crimes involve fraud and money-laundering. If charged with a crime related to financial institutions, it is advisable to retain an attorney that specializes in white-collar crimes.

Since criminal charges carry the harshest penalties, they should not be taken lightly. It is important to hire a lawyer as soon as possible

Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Advocate for the Falsely Accused

If you have been charged with a crime, contact one of our accomplished Cherry Hill criminal defense lawyers at Aita Law, LLC. Our attorneys vigorously protect the rights of our clients. For a free consultation, complete our online form or call us at 856-287-7800. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What are My Rights at an Unlawful Police Stop?

The flashing lights of a police car can strike fear into anyone’s heart, especially for people directed to pull their vehicles over. In some cases, the cause is unwarranted. Knowing what to do in these situations has a great deal of influence toward how things will eventually play out.

What Should I Do if I am Pulled Over?

If the police vehicle is directly behind a car and has its emergency lights and siren on, it is essential to signal and pull over immediately into a safe place. The car’s engine should be turned off. It is a good idea to be courteous, which can include turning on the interior light if it is dark out and having a driver’s license and registration ready for inspection.

Drivers should roll down the windows, but never exit the vehicles unless the officer directs them to do so. Also, any unexpected movements could lead the officer to think that the driver is reaching for a weapon, so it is important to be mindful of this.

What Prompts Police Stops?

Some of the most common traffic stops are for violations like speeding, illegal turns, or failing to stop for school buses. Minor infractions that could lead to stops include not wearing a seat belt, inoperative equipment, or darkly tinted windows. Outside the category of traffic violations and infractions, drivers can be pulled over for outstanding warrants, reasonable suspicion of having committed criminal activity, or probable cause.

Reasonable Suspicion and Probable Cause

Reasonable suspicion is usually based on information and personal observations from witnesses, police officers, and the police radio. In these cases, the officer should have reason for believing a traffic violation or crime was committed, if a person is planning to commit one, or if the driver is hiding evidence of a crime. This suspicion must be based on specific circumstances or facts. An example is when an officer sees a motorist weaving in and out of lanes. This could cause the officer to reasonably suspect that the driver is driving under the influence (DUI).

To prove probable cause, the officer is required to show evidence or facts that would cause a person to believe that the driver committed a crime or plans to do so. If a police officer pulls over a vehicle and sees an open container of alcohol on the floor, they would have probable cause to search the car.

Unlawful Stops

Unfortunately, there are times when police officers make unlawful stops. Sometimes, an officer will pull over a vehicle because they have a feeling that something illegal is happening. This does not usually qualify as reasonable suspicion or probable cause.

One example of an unlawful stop might be pulling over a patron who has just left a bar. If the person is exhibiting DUI/DWI behaviors, like erratic or aggressive driving, there may be reason to stop that person. However, if they simply left the premises and were driving normally, there may be no reason to pull them over. There have been instances of police officers pulling over random drivers, which can violate drivers’ constitutional rights.

Can a Police Officer Search a Vehicle at a Traffic Stop?

Law enforcement officers who pull over drivers for traffic violations are not allowed to search the vehicles, except in certain situations. Officers will look for suspicious movements and anything out in the open, like alcohol, drugs, or weapons. If the officer feels that the driver or passenger is attempting to hide something, a search may be warranted.

If the officer insists that the driver and passengers exit the vehicle, they should do so. It is also permissible for the officer to do a fast pat-down of the outer clothing. If the officer detects weapon-like objects or contraband, they are allowed to remove it. If they perceive that the suspect is dangerous, a search of the passenger compartments may also be legal. As for a cellphone, this cannot be searched without a person’s consent or a warrant.

If a driver believes that they experienced an unlawful police stop, it is best to contact a lawyer. An experienced lawyer can help protect a driver’s rights.

South Jersey Criminal Defense Lawyers at Aita Law, LLC Protect Drivers Accused of Crimes at Unlawful Police Stops

Unlawful police stops happen every day. If you are facing charges after an unlawful police stop, reach out to one of our trusted South Jersey criminal defense lawyers at Aita Law, LLC. Complete our online form or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Defenses Can be Used Against a DUI Charge?

Traffic between Memorial Day and Labor Day tends to increase and so does a surge in accusations of driving under the influence (DUI)during the summer.

Regardless of the time of year, getting arrested for DUI/DWI can be confusing, embarrassing, and scary. Yet, being charged with a DUI in New Jersey does not always have to lead to a conviction. Many parties accused of DUI have worked with knowledgeable attorneys to fight the arrest and avoid charges.

Why is it Important to Fight Against a Wrongful DUI?

Unlike surrounding states, New Jersey does not consider DUI a felony or misdemeanor. Nevertheless, a substantiated charge can carry severe penalties. A first DUI offense can lead up to $400 in fines, mandatory jail time up to a month, loss of license, and other actions. Accordingly, any subsequent arrests for DUI include much stricter penalties.

Even if an adult driver was drinking before getting behind the wheel, the driver still has the right to consult with an attorney and find out if the accusation can be fought.

What Defenses Against DUI Can Hold up in Court?

Every DUI arrest happens under unique, specific circumstances. Keeping that in mind, criminal defense lawyers will look into all aspects of their clients’ cases to seek out credible defenses. If the defenses present a strong enough argument in favor of the defendant, the DUI charge could be thrown out or substantially reduced.

A common defense against a DUI charge is that the law enforcement officer had no reason to stop the driver in the first place. This charge is often made when an officer randomly pulls over a driver who has been obeying speeding limits and rules of the road. An exception to this defense would be a stop at a roadblock or pre-arranged DUI checkpoint.

Another challenge that can work in favor of a person accused of DUI is an improperly or inaccurately administered field sobriety test or breathalyzer test. Many lawyers will scour through evidence regarding these types of tests. For instance, poorly calibrated breathalyzer test equipment can cause questions around the accuracy of a defendant’s blood alcohol content (BAC) finding.

Sometimes, people whose BAC level is tested more than an hour after a DUI arrest may point out that they were sober when they were pulled over. Alcohol does not always take effect immediately. If someone is arrested for DUI very close to his or her home and given a breathalyzer a long time afterwards, he or she may be able to show that he or she could have made it home within the legal BAC limit.

Are There Other Less Common Defenses for DUI in New Jersey?

In some unusual cases, attorneys have used rarer defenses that successfully helped clients accused of DUI. Some drivers may claim that they were forced to drive under duress, or that they needed to drive because they were the most sober of everyone else in the car. Other DUI defendants have been able to prove in court that they did not know they had drunk alcohol, as in the case of drugged or spiked beverages.

Can People Arrested for DUI Really Get the Charges Thrown Out?

Not every DUI case will end up with the charge thrown out. Nonetheless, it is worth pursuing the possibility when facing penalties. After all, many people have avoided DUI charges thanks to the help of skilled legal counsel.

Haddonfield DUI Defense Lawyers at Aita Law, LLC Develop Responses to Help Clients Charged with DUI

Did you get arrested for DUI in New Jersey? If so, call one of our Haddonfield DUI defense lawyers at Aita Law, LLC today. A DUI charge can be complicated, so it is best to speak to a lawyer right away. Contact us online or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

St. Patrick’s Day Arrests

This year, St. Patrick’s Day is on March 17 and cities throughout the United States will celebrate with parties, bar specials, and parades. It is also a holiday associated with increased alcohol consumption that can lead to criminal activities, such as drunk driving. If a celebrator is intoxicated while driving, it can lead to a serious driving under the influence (DUI) charge.

St. Patrick’s Day celebrations take place in private and public venues and can be harmless. However, when celebrations become out of control, celebrators could be charged with fines or end up arrested.

Disorderly Conduct and Public Intoxication

These two charges can overlap. Generally, the charges involve an intoxicated individual acting disorderly in a public place, such as a park, sidewalk, or street. For example, an overly drunk or drugged individual who is being verbally or physically abusive to others.

Public urination can fall under the disorderly conduct category or it can be a separate charge. If this is done in front of minors, the charges may become serious. Although state laws vary, disorderly conduct and public intoxication are seen as misdemeanors that can lead to one year of jail time.

Battery Charges

People who cannot properly handle alcohol can end up in fights with others, causing minor or serious injuries and property damage. Even after only a few drinks, individuals can overreact or misinterpret actions and become angry. Small things like bumping into another bar patron, mistakenly touching someone’s boyfriend, or an innocent joke can set someone off; fights can lead to battery charges.

Unfortunately, intoxication can also lead to domestic battery. After drinking for several hours, someone could go home and get into a physical fight with their partner.

DUI Charges

Even with ridesharing services and designated drivers, many St. Patrick’s day revelers will still drive drunk this year. Many cities will prepare for this ahead of time by setting up DUI checkpoints and police patrols. If you are stopped for a possible DUI, pull over to a safe, well-lit area. If the officer suspects intoxicated driving, they may ask you to complete a field sobriety test. This includes a breathalyzer test, standing on one leg, and walking in a straight line.

In New Jersey, if the driver’s blood alcohol concentration (BAC) is 0.08 percent or more, it can lead to serious drunk driving charges. Depending on how many offenses the driver has and their BAC level, they can be facing fines from $250 to $1,000, incarceration from 30 to 180 days, a license suspension, community service, insurance surcharges, and additional fines.

To avoid charges, it is best to plan ahead of time for your night out. Under no circumstances should a driver drink and drive. Arrange for a designated driver, use a ridesharing service, and avoid risky situations that could lead to charges. Celebrators should be extra cautious to enjoy a safe, good St. Patrick’s Day.

Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Help Clients Facing Criminal Charges

If you are facing a DUI charge or any type of criminal charge, it is essential to speak to an experienced lawyer about your options. Our dedicated Cherry Hill criminal defense lawyers at Aita Law, LLC will help you with charges brought against you and fight to protect your rights. Contact us online or call us at 856-287-7800 for a free consultation about your case. Located in Haddonfield, New Jersey, we serve clients in Cherry Hill, Camden County, and throughout the South Jersey area.

Do I Need a Lawyer for a Disorderly Conduct Charge?

Although being charged with disorderly conduct may not be the most severe penalty in New Jersey, it remains a serious violation in terms of how it can affect someone. For this reason alone, many people choose to work with criminal defense attorneys when they have been accused of a petty disorderly person offense.

What Is Disorderly Conduct?

In New Jersey, disorderly conduct can be verbal, physical, or both. It may include starting a fight, threatening another individual, or simply yelling abusive comments at someone in a public place. Common public places include campus arenas, athletic stadiums, amusement parks, and grocery stores.

A person charged with disorderly conduct will usually be fingerprinted and booked, which will automatically transfer to a criminal arrest record. The penalties for a disorderly conduct charge can include $500 for the offense and up to six months in jail. If a vehicle is involved in the disorderly conduct charge, the offender may forfeit the right to have a license for up to two years.

Is a Disorderly Conduct Charge Serious?

Plenty of people believe that disorderly conduct is unimportant because it is a minor infraction of the law. However, all criminal charges will be reflected on a person’s permanent record. If charges remain on someone’s permanent record, anyone who conducts a background check will be able to see any arrests.

Employers, landlords, banks, and other entities and persons who pay for a background check may decide not to do business with someone who has been arrested. It does not matter if it was a petty offense. A person’s record will show that a crime took place and that the individual was convicted.

Is There a Way to Fight a Disorderly Conduct Charge?

Criminal defense attorneys will fight to get charges lowered or removed. It may be difficult for a person to do this alone, so it is best to seek an accomplished attorney about your legal options.

Depending on the situation, the disorderly conduct charge could be dismissed entirely. If this is impossible, the courts might be willing to change the charge and move it to an ordinance violation. An ordinance violation is a municipal offense, not a criminal offense, and does not show up on a permanent record.

Another common defense tactic is to negotiate a deal with the prosecutor. For instance, the prosecutor may agree to drop charges after the violator attends counseling or meetings, such as Alcoholics Anonymous. After completion of the agreed-upon counseling, the criminal record will be expunged within an acceptable time frame.

Again, these types of negotiations are best handled by a professional legal provider and not the accused. An accused person who tries to defend themselves may make their circumstance worse. Criminal defense attorneys take a third-party viewpoint while still serving the needs of their clients.

Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Determine the Best Course of Action for Clients Charged with Disorderly Conduct and Other Petty Offenses

If you were charged with disorderly conduct or another petty offense, contact one of our experienced lawyers today about your options. Our knowledgeable Cherry Hill criminal defense lawyers at Aita, Law, LLC will fight to protect your rights and will help you with charges brought against you. Contact us online or call us at 856-287-7800 to schedule a free consultation about your case. Located in Haddonfield, New Jersey, we serve clients in Camden County, Cherry Hill, and throughout the South Jersey area.

How Should I Handle DUI/DWI Check Points in Camden County?

The law against driving while intoxicated (DWI) in New Jersey has been revised and went into effect in December 2019. Changes require a person convicted of DWI to install an ignition interlock device (IID) in their vehicle. Additionally, some automatic license suspensions for first time offenders will be revoked. In this case, license suspensions will only be enforced until the IID is installed.

An IID records a person’s blood alcohol content (BAC) level. The driver must blow air into a handheld alcohol sensor unit, which prevents the vehicle from operating if the BAC detected is more than 0.08 percent. The driver must periodically provide a sample for continued operation of the vehicle. Failure to timely provide the sample sets off a warning until the vehicle is turned off.

License suspension provisions remain in effect for repeat offenders and for those convicted of driving under the influence (DUI) of a narcotic, hallucinogenic, or habit-producing drug. The suspension period can range from seven months to a year for first offenders. Repeat offenders face stricter penalties.

If You are Stopped at a Check Point

Enhanced monitoring for DWI/DUI usually occurs on holidays, weekends, and later in the evening. Check points are often located near popular entertainment venues and bars. If you are stopped, then you will be asked to roll down your window and speak to an officer. They will ask for your license and proof of registration and insurance. They may ask where you are going or coming from and check your record for any outstanding warrants.

The interaction will involve an assessment of your condition to determine if you exhibit any signs of intoxication or impairment. Officers will search for:

Smell of alcohol
Slurred speech
Flushed face
Bloodshot eyes

If you show signs of intoxication, the officer is likely to request that you step out of the car to administer a roadside field sobriety test. A variety of sobriety tests may be used, such as asking you to stand on one leg or to recite the alphabet. If you fail the sobriety test, you will most likely be arrested and subjected to the implied consent rule, which permits the officer to administer a breathalyzer test.

If you were arrested for a DWI/DUI charge, it is important to preserve your rights. The best way to do this is to hire an experienced criminal defense lawyer who can help defend your case in court.

Haddonfield Criminal Defense Attorneys at Aita Law, LLC Help Those Facing DWI/DUI Charges

If you were charged with DWI/DUI, contact the Cherry Hill criminal defense attorneys at Aita Law, LLC. Our experienced criminal defense attorneys have worked tirelessly to defend clients faced with these charges. To set up a free consultation, call us at 856-287-7800 or complete an online form. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

How to Handle DUI/DWI Checkpoints in Camden County

New Jersey police departments are running a holiday crackdown on drivers impaired by drugs and alcohol. From December 6 to New Year’s Day, there will be checkpoints and extra patrol out as part of the “Drive Sober or Get Pulled Over Campaign.” Last year’s ticket blitz resulted in 1,269 driving while intoxicated (DWI) arrests, 5,705 speeding tickets, and 3,125 seat belt summonses. New this year is a law that requires ignition interlock devices for first time DWI convictions.

Many law enforcement agencies received overtime grants for the 2019 Drive Sober holiday campaign, including Barrington, Gloucester Township, Pine Hill, Stratford, and Winslow in Camden County, as well as Clayton, Deptford, East Greenwich, Franklin, Glassboro, Greenwich, Harrison, Mantua, Monroe, Pitman, Rowan University, Washington, Westville, Woodbury Heights, and Woolrich in Gloucester County.

DUI Checkpoints

Police set up sobriety checkpoints in areas near entertainment establishments during hours when people are most likely to be drinking and driving, such as weekends, holidays, early morning hours, or late at night. Checkpoints are an opportunity for law enforcement to check tags, licenses, and monitor the condition of the driver. They will note how you pull into the checkpoint and if you are driving erratically.

What to Do at a Checkpoint

If you are stopped at a DUI checkpoint, it is important to wait for instructions from the officer. Do not make sudden movements on your own or get out of the car unless asked to do so. Police are trained to watch for suspicious behavior and protect themselves, so it is best to keep your hands on the wheel where they can be seen until the officer has approached your vehicle. When interacting with police, always be sincerely respectful and courteous. If you offend the officer from the outset with your behavior, they are more likely to write up a negative report or even arrest you.

Avoid Incriminating Yourself

While you should be polite and comply with an officer’s requests, you do not have to answer questions that may incriminate you. You will certainly be asked to give your name, license, registration, and insurance information, but you are not required to answer further questions about how much you have been drinking. The police will pressure you to talk and what you say to them should be truthful. If you only had a few drinks and want to share that information, you can do so while remaining aware that anything you say will go into their report as evidence. If you are unsure of what to say, talk to an experienced criminal attorney before giving a statement to the police. Conviction for a DUI/DWI can have serious consequences, including points on your license, suspension of your license, high fines, and jail time.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Help Those Facing DUI/DWI Charges

If you are facing DUI/DWI charges, you need an experienced Haddonfield criminal defense lawyer at Aita Law, LLC on your side. We know the New Jersey courts and will defend your rights under the law. Call us at 856-287-7800 today to schedule a free consultation about your case or contact us online. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including those in Camden County and Cherry Hill.

New Jersey DUI and DWI Laws

As we approach the holiday season, we look forward to festive celebrations with family, friends, and coworkers. For some partygoers, that means a cocktail or two. Unfortunately, that also means more inebriated drivers on the road. According to the Department of Transportation, the week between Christmas and New Year’s Day sees an average of 300 people fatally injured in drunk driving car accidents every year. Before joining in the festivities, New Jersey drivers should know about recent changes regarding driving under the influence (DUI) and driving while intoxicated (DWI) laws that increase penalties for first-time offenders and shift the focus from license suspension to the use of Ignition Interlock Devices (IID).

Ignition Interlock Devices for First Offenders

In August, New Jersey became the 34th state to mandate IID for all DUI/DWI offenders, even for first offenses. Any driver who refuses to submit to a breath test or is charged with a DUI/DWI offense is required to pay for and install the device in their vehicles. An IID is a small digital device that records the user’s blood alcohol content (BAC). The driver blows into the device when starting the car and periodically while driving to verify their BAC stays under 0.08 percent. If the BAC is over the acceptable limit, the car will not start.

An Overview of New Jersey DUI/DWI Laws

All first-time offenders will have their license suspended and are required to purchase, install, and utilize an IID for the duration of and after the suspension. License suspensions start at 30 days and increase with a higher BAC. Penalties vary by case, but a first-time offender can also expect:

Incarceration from 12 hours to 30 days
Significant fines
Insurance surcharges
Mandatory classes at the Intoxicated Driver Resource Center

For second offenses, the IID is installed for a longer period. Anyone who refuses to install an IID will have their license suspended for 18 months. Prior to the recent changes in New Jersey’s DUI/DWI laws, suspensions were longer, but IIDs were not required.

Tips for Celebrating Safely

Individuals who drive while intoxicated risk serious penalties that can be life-changing. Besides the stigma of a DUI offense, there are steep legal and financial losses that can overshadow your future. Most importantly, there is the risk to your life and the lives of those around you. The following are tips for celebrating the holidays safely:

Hand your keys over to a trusted friend or coworker
Pick a designated driver
Use a rideshare service
Take public transportation
Pace yourself and stop drinking at least 90 minutes before you plan to leave

With a bit of planning, your holiday season is certain to be festive, fun, and safe.

Haddonfield Criminal Lawyers at Aita Law, LLC Represent Clients with DUI/DWI Charges

While DUI/DWI penalties in New Jersey seem straightforward, with skilled legal counsel, some charges can be effectively contested. Because there is much at stake, it is important to enlist an experienced Haddonfield criminal lawyer at Aita Law, LLC to advocate for you. We will carefully evaluate every detail of your case to build a strong defense and work toward the best resolution possible. Call us at 856-287-7800 or contact us online to schedule a free consultation today. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

What are the Consequences of Underage Drinking in New Jersey?

Individuals under the age of 21 that are caught consuming or possessing alcohol, or even traveling in a car where alcohol is present, face financial penalties, loss of license, and in some cases, risk being tried as an adult. If you have been charged with underage drinking in New Jersey, or with driving under the influence (DUI) of alcohol, it is imperative to seek legal counsel.

Legal Consequences for Underage Drinking

New Jersey law makes it illegal for anyone under the age of 21 to possess or consume alcohol, or to drive under the influence of alcohol. The legal penalties for each of these offenses can have a significant impact on the future of those who are found guilty, especially if the offenders are charged as adults.

New Jersey has a zero-tolerance policy for underage driving while intoxicated. The legal blood alcohol limit for adults is 0.08 percent. For minors, the legal blood alcohol level is 0.00 percent. Any minor with a blood alcohol level above 0.01 is considered guilty of driving while intoxicated. If a minor driver is found to have a blood alcohol level above 0.08 percent, they will be charged as an adult.

The legal consequences for minors guilty of driving while intoxicated are severe. First time offenders have a minimum of 90 days license suspension and 15 to 30 days of community service. The driver will also be required to complete an Intoxicated Driver Resource Center program or other court-approved alcohol education program.

Possession of Alcohol

New Jersey law also prohibits minors from possessing and consuming alcohol. A person under the age of 21 that has consumed or is in possession of alcohol is guilty of a disorderly persons misdemeanor offense. The penalty is six months suspension of their driver’s license, a fine of $500, and completion of the Intoxicated Driver Resource Center program or other court-approved alcohol education program. It is important to note that the penalties of possession of alcohol in a car applies to all minors in the car, not just the driver. For drivers aged 18 to 21 years, possession of alcohol can carry a fine up to $1,000 and a mandated alcohol education program or in-patient treatment program lasting up to six months. Underage drinking that results in a misdemeanor charge can also result in a prison term up to 180 days.

Consultation with a DUI Lawyer

Whenever a minor under the age of 21 is charged with alcohol consumption, possession, or driving under the influence of alcohol, it is imperative to seek counsel from an experienced DUI lawyer. Penalties for these charges can be significant and have a detrimental affect on future college and job opportunities.

New Jersey takes underage drinking seriously and the court systems uphold the laws in most cases. Consulting a reputable and experienced DUI lawyer is essential to minimizing the long-term effects of this type of misdemeanor charge. The DUI attorney can work on an out-of-court settlement, get the charges against you reduced or dismissed, and limit the financial penalties attached to a guilty verdict.

Haddonfield Criminal Lawyers at Aita Law, LLC Represent Those Facing Underage Drinking Charges

If you are facing underage drinking charges, the Haddonfield criminal lawyers at Aita Law, LLC can help. Call us at 856-287-7800 or contact us online to schedule a free consultation today. We are well-versed in criminal defense and will fight to obtain the justice you deserve. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Camden County and Cherry Hill.