Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
Under N.J.S.A. 39:4-50.15, a parent or guardian convicted of DWI who had a passenger 17 or younger in the vehicle at the time is also guilty of a disorderly persons offense. On top of the regular DWI penalties, the court adds a loss of driving privileges of up to six months and up to five days of community service. The offense depends on a DWI conviction under N.J.S.A. 39:4-50.
On this page (5)
Who does the law cover?
- "Minor" means a person 17 years of age or younger
- "Parent or guardian" includes a natural or adoptive parent, a resource family parent, a stepparent, and anyone temporarily responsible for the care, custody or control of the child or who has a legal duty to care for the child
- The driver must be convicted of DWI under N.J.S.A. 39:4-50 for this offense to apply
What are the penalties?
| Penalty | What the statute says |
|---|---|
| Grade | Disorderly persons offense |
| Loss of driving privileges | Not more than 6 months, in addition to the DWI penalties |
| Community service | Not more than 5 days |
| Other penalties for the grade | Up to 6 months in jail (N.J.S.A. 2C:43-8) and a fine up to $1,000 (N.J.S.A. 2C:43-3) |
These apply in addition to the penalties for the DWI itself, such as the ignition interlock requirement and fines under N.J.S.A. 39:4-50. See the first offense DWI and ignition interlock guides.
Why the DWI case matters most
Because the statute applies only to a parent or guardian "convicted of a violation of R.S.39:4-50", the minor-passenger charge rises or falls with the DWI. Challenges to the stop, the Alcotest or other evidence, and the observations of impairment, all matter here. If the DWI is not proven, this charge cannot stand under its own terms.
Common defense issues
- Whether the State can prove the underlying DWI
- Whether the child was actually 17 or younger and actually in the vehicle at the time of the violation
- Whether you fit the statute's definition of parent or guardian
- How the added license loss is set, since the statute says "not more than" six months
- Other consequences a parent may face, which should be reviewed with a lawyer before any plea
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.
- Underage DWI
New Jersey's underage drinking and driving law, N.J.S.A. 39:4-50.14: the 0.01% BAC threshold for drivers under 21, the 30- to 90-day license loss, community service, and when the regular DWI law applies instead.
- Leaving the scene of an accident (39:4-129)
Leaving the scene under N.J.S.A. 39:4-129: duties after a crash, fines, jail and license loss for injury and property-damage accidents, and the indictable charges for serious injury or death.
Frequently asked questions
Is it a separate charge to drive drunk with a child in the car in NJ?
Yes. A parent or guardian convicted of DWI with a passenger 17 or younger is also guilty of a disorderly persons offense under N.J.S.A. 39:4-50.15.
How much extra license suspension is there?
The statute adds a loss of driving privileges of not more than six months, on top of the DWI penalties, plus up to five days of community service.
Does this apply if the child is not mine?
It applies to a parent or guardian, which the statute defines to include a stepparent, resource family parent and anyone temporarily responsible for the child's care, custody or control.
What happens to this charge if the DWI is dismissed?
The statute applies only to a parent or guardian convicted of DWI under N.J.S.A. 39:4-50, so without a DWI conviction this offense does not apply.
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.
