DWI & Permitting DWI in a School Zone | Fines & Penalties | Toms River Attorney

 
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What are the fines and penalties for Driving While Intoxicated (DWI/DUI) in a School Zone in New Jersey?

DWI & PERMITTING DWI IN A SCHOOL ZONE

N.J.S.A. 39:4-50(g)

Please note:  If the second offense for 39:4-50 occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. There is no ‘step-down’ for a fourth or subsequent offense.

N.J.S.A. 39:4-50(g)

 1.    Driving while intoxicated on school property used for school purposes or within 1,000 feet of same;

2.    Driving through a school crossing;

3.      Driving in an area where juveniles crossing and present, even if not designated as an official crossing by municipality.

 

1st Offense—BAC 0.08% or higher, but less than .10%, or observation case

 

2nd Offense—BAC 0.08% or higher, but less than .10%, or observation case

 

3rd or Subsequent Offense—BAC 0.08% or higher, but less than .10%, or observation case

Fines

Fine: $500 to $800,
DWI Surcharge:$1,000/year for 3 years,
VCCA: $50,
DDEF: $100,
SNSF: $75,
Surcharge: $100,
Assessments: $6,
Court Costs: Up to $33
Fine: $1000 to $2000,
DWI Surcharge:$1,000/year for 3 years,
VCCA: $50,
DDEF: $100,
SNSF: $75,
Surcharge: $100,
Assessments: $6,
Court Costs: Up to $33
Fine: $2000,
DWI Surcharge:$1,500/year for 3 years,
VCCA: $50,
DDEF: $100,
SNSF: $75,
Surcharge: $100,
Assessments: $6,
Court Costs: Up to $33

Jail (or Community Service)

Imprisonment not exceeding 60 days

Imprisonment of not less than 96 consecutive hours which shall not be suspended or served on probation, nor more than 180 days. Community service for 60 days. Can substitute up to 90 days of community service for imprisonment

Imprisonment not less than 180 days in a county jail or workhouse—no work-release, out-patient, etc.: must do time in confinement. Except that the court may lower such term for each day, not exceeding 90 days, to be served in drug or alcohol inpatient rehab approved by IDRC

Loss of Driver’s License

Driver’s license suspension for not less than 1 year nor more than 2 years

Driver’s license suspension for 4 years

Driver’s license suspension for 20 years to start upon completion of any prison sentence

IDRC

12 to 48 hours

In accordance with individual treatment classification (usually 48 hours)

In accordance with individual treatment classification

IDRC Screening Requirements

Satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are met.

Satisfy the screening evaluation and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver’s license suspension until requirements are met.

Interlock for Principal Vehicle

If BAC of .08% or higher, but less than .15%, may order installation of an ignition interlock device commencing on return of offender’s driver’s license, or

If BAC of .15% or higher, mandatory installation of ignition interlock device during period of suspension and for not less than 6 months nor more than 1 year beginning immediately following return of offender’s driver’s license

Mandatory installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years, beginning immediately following return of offender’s driver’s license

Mandatory installation of ignition interlock device during license suspension for not less than 1 year nor more than 3 years beginning immediately upon return of offender’s driver’s license

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