What is the legal BAC of a driver under 21?                                         

If you are under 21 and operating a motor vehicle, your blood alcohol content (BAC) can never be above 0%. This means if you are pulled over and a test reveals your BAC to be even 0.01% you will be charged with a DWI.

What if I am younger than 21 and get a DUI ticket?

For a BAC of 0.01% or higher, if you are under 21 years old, you face:

  • License suspension for 30 to 90 days.
  • Community service for 15 to 30 days.
  • Alcohol education and highway safety program participation.

Penalties can include imprisonment, fines and longer suspension depending on the level of BAC.

Other charges can include:

  • Distributing alcohol to minors
  • Minor in possession
  • Soliciting alcohol
  • Child endangerment law violations
  • Possession of false identification
  • Moving and vehicle maintenance violations

What will happen to my insurance?

All or any of the following insurance penalties are possible and punishment is up to the insurance companies:

  • Termination of insurance policy
  • Refusal to renew insurance policy
  • Raise cost of monthly premium for 3 to 5 years


39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

1.Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.