Refusal to Submit to Breath Alcohol/Chemical Test in School Zone | Fines & Penalties | Toms River Attorney

 
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What are the fines and penalties for Refusal to Submit to Breathalyzer or Chemical Test for DWI in a School Zone in New Jersey?

REFUSAL TO SUBMIT TO BREATH ALCOHOL/CHEMICAL TEST IN A SCHOOL ZONE

N.J.S.A. 39:4-50.4a(b)

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. 39:4-50.4a(b),
Refusal to Submit in School Zone
 
Refusal to submit to chemical test while:
1. 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 are crossing and present, even if not designated as an official crossing by municipality.

 

 

1st Offense

 

 

2nd Offense

 

 

3rd or Subsequent Offense

Fines

Fine: $600 to $1000,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33
Fine: $1000 to $2000,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33
Fine: $2000,
Refusal Surcharge:$1,000/year for 3 years,
Surcharge: $100,
Court Costs: Up to $33

IDRC

12 to 48 hours

In accordance with individual treatment classification (usually 48 hours)

In accordance with individual treatment classification

Interlock for Principal Vehicle

Mandatory installation of ignition interlock device during period of suspension and for not less than 6 months nor more than 1 year, beginning immediately upon 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 upon 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 upon return of offender’s driver’s license.

Loss of Driver’s License

Driver’s license suspension not less than 1 year nor more than 2 years (consecutive to any revocation under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent)

Driver’s license suspension for 4 years (consecutive to any revocation under N.J.S.A. 39:4-50)

Driver’s license suspension for 20 years (consecutive to any revocation under N.J.S.A. 39:4-50)