Refusal of Breath Test 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:	Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A. 39:4-50.4a(b))
	Fine:	$600.00 to $1000.00
	DDEF Surcharge	$100.00
	Court Costs	Up to $33.00
	IDRC:	12 to 48 Hours
	Loss of D.L.:	Not less than 1 year or more than 2 years (May be concurrent or consecutive to any revocation imposed under N.J.S.A. 39:4-50)
	Interlock for principal Vehicle:	6 months to 1 year mandatory-required during license suspension and this additional period

Second Offense:	Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A.39:4-50.4a(b))
	Fine:	$1,000.00 to $2,000.00
	DDEF Surcharge	$100.00
	Court Costs	Up to $33.00
	IDRC:	In accordance with individual treatment classification (usually 48 Hours)
	Loss of D.L.:	4 Years (Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)
	Interlock for principal vehicle:	1-3 years Mandatory-required during license suspension and this additional period

Third or Subsequent Offense:	Refusal to submit to a chemical test on school property (Penalty provision at N.J.S.A. 39:4-50.4a(b))
	Fine:	$2,000.00
	DDEF Surcharge	$100.00
	Court Costs	Up to $33.00
	IDRC:	In accordance with individual treatment classification
	Loss of D.L.:	20 Years (Must be consecutive to any revocation imposed under N.J.S.A. 39:4-50)
	Interlock for principal vehicle:	1-3 years Mandatory –required during license suspension and this additional period
_ Note: Burden of proof standard is beyond a reasonable doubt. State v. Cummings 184 N.J. 84 (2005). As of January 10, 2011_N.J.S.A. 39:4-50.4a(b)