Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.

A driver under the legal drinking age who operates a vehicle with a BAC of 0.01% or more but less than 0.08% violates N.J.S.A. 39:4-50.14. The penalty is a loss of driving privileges, or a delay in getting a license, for 30 to 90 days, plus 15 to 30 days of community service and an IDRC or alcohol education program. At 0.08% or higher, the regular DWI statute applies.

Who the law covers

The statute applies to anyone under the legal age to purchase alcoholic beverages, which is 21 in New Jersey, who operates a motor vehicle with a blood alcohol concentration of at least 0.01% but less than 0.08%.

Penalties under 39:4-50.14

  • Forfeiture of the right to drive, or a ban on getting a license, for 30 to 90 days. The period starts on the day of conviction or the day the person becomes eligible for a license, whichever is later.
  • Community service of 15 to 30 days.
  • The program and fee requirements of an Intoxicated Driver Resource Center, or an alcohol education and highway safety program set by the MVC chief administrator.

These penalties are in addition to any the court may impose under other laws, including the underage possession and consumption statutes (2C:33-15 and 33:1-81) and the DWI statute, 39:4-50.

When the regular DWI law applies

At a BAC of 0.08% or more, or if the State proves the driver was under the influence, an underage driver can be charged with DWI under 39:4-50 and faces the regular DWI penalties, including an ignition interlock. See first-offense DWI. A refusal to give breath samples is a separate charge. See refusal.

What to do after the stop

  1. Keep every ticket. An underage driver often gets several, such as 39:4-50.14, 39:4-50 and an underage possession charge.
  2. If you do not yet have a license, ask how the delay of licensing would work in your case, since it can begin when you become eligible.
  3. Ask your lawyer to review the breath test and the stop. Breath testing issues are covered in Alcotest 9510.

Related guides

  • First-offense DWI

    First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.

  • Breath test refusal

    Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.

  • Ignition interlock

    How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.

  • Alcotest 9510

    The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.

  • Second and third DWI

    Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.

  • Driving while suspended (39:3-40 / 2C:40-26)

    Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.

  • DWI plea agreements

    For decades New Jersey banned plea bargaining in DWI cases under Guideline 4. Since February 2024, N.J.S.A. 39:4-50 allows a plea agreement on the prosecutor's recommendation with a factual basis.

  • DWI in a school zone

    New Jersey's school-zone DWI enhancement, N.J.S.A. 39:4-50(g), was deleted by P.L.2019, c.248. What that means today, and where school zones still matter for suspended drivers and drug charges.

  • DWI with a CDL

    How a New Jersey DWI affects a commercial driver license: the 0.04% limit in a commercial vehicle, one- to three-year CDL suspensions, lifetime revocation for a second offense, and DWI in a personal car.

Frequently asked questions

What is the BAC limit for drivers under 21 in New Jersey?

Under N.J.S.A. 39:4-50.14, an underage driver with a BAC of 0.01% or more but under 0.08% violates the underage law. At 0.08% or more, the regular DWI statute applies.

How long is the license suspension for underage DWI?

30 to 90 days, starting on the day of conviction or the day the person becomes eligible for a license, whichever is later.

Is community service required?

Yes. The statute requires 15 to 30 days of community service, plus an IDRC or alcohol education program.

Where we handle these cases

Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County

Sources

This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.