DWI in School Zone* – Penalties for Offenses

 *School Zone is defined as:

  • Driving while intoxicated on school property used for school purposes or within 1,000 feet of same;
  • Driving through a school crossing;
  • Driving in an area where juveniles crossing and present,even if not designated as an official crossing by municipality

 
First Offense: (Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine $500 to $800.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: 12 to 48 Hours
Jail: Up to 60 Days
Loss of D.L.: 1 to 2 Years
Interlock for principal vehicle: Optional – if less than .15 BAC – 6 months to 1 year following the suspension period. If .15 BAC or higher –mandatory during license suspension period and an additional 6 months to 1 year following the suspension period
Facility Visitation: Optional
Second Offense: (Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine: $1,000.00 to $2,000.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: In accordance with individual treatment classification (usually 48 Hours)
Jail: 4 to 180 Days (up to 90 Days can be through Community Service)
(Court may authorize two days through IDRC)
Loss of D.L.: 4 Years
Community Service: 60 Days
Interlock for principal vehicle: 1 – 3 Years Mandatory- required during license suspension and this additional period
Facility Visitation: Optional
Third Offense: (Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine: $2,000.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC: In accordance with individual treatment classification
Jail: 180 Days (up to 90 days can be served through inpatient program approved by IDRC). Note: Jail cannot be served through Community Service, Work Release (SLAP) or any alternative program**
Loss of D.L.: 20 Years
Interlock for principal vehicle: 1 – 3 Years Mandatory-required during license suspension and this additional period
Facility Visitation: Optional
* “IDRC” – Intoxicated Driver Resource Centers
** State v. Luthe, 383 N.J.Super. 512 (App. Div. March 6, 2006)
As of January 10, 2011 — N.J.S.A. 39-4-50(g)