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.
If you have been charged with any of these offenses, call Jason T. Komninos, Esq. for a free consultation at 201-343-4622.