DWI and Minor in the Vehicle

In addition to the DWI Statute (N.J.S.A. 39:4-50), there are two additional statutes that may apply if you are accused of driving while intoxicated while a minor is in your vehicle.

N.J.S.A .39:4-50.15 applies when a passenger who is 17 or under is present in the vehicle when you are charged with DWI. This offense comes with a license suspension of up to 6 months and up to 5 days of community service. This could mean a longer license suspension than normal for a first DWI offender, who may otherwise only be facing a 3 month loss of license.

The other statute that may apply is 2C:24-4: endangering the welfare of a child. While DWI is a motor vehicle offense, endangering the welfare of a child is a serious criminal offense. A conviction of this offense would appear on your criminal record and could result in a jail sentence.

Additionally, if you are charged with 2C:24-4, your case may also be heard in the Superior Court in addition to the municipal court where you were charged with DWI.

Call Jason T. Komninos, Esq. at (201) 343-4622 to schedule a consultation.