Refusal to Submit to a Breath Test in a School Zone: N.J.S.A. 39:50.4

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Short Hills NJ Refusal to Submit to Breath Test in an School Zone

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Essex County DWI Breath Test Refusal
Refuse Breath Test in School Zone

DWI violations and Refusal charges are always treated seriously by New Jersey law enforcement, prosecutors, and judges. This is doubly true when the violation occurred in an area where children are present because the State has a duty to protect children from harm or risk of injury. As a result, you could be looking at significant penalties if you are convicted of Refusal in a School Zone.

The DWI defense attorneys at the Tormey Law Firm understand that your ability to drive, legally and without limitation, is very important. That’s why we will do everything possible to defend you against your Refusal charges and help you maintain your driving privileges. We represent clients in Essex County courtrooms on a daily basis. Whether you have been charged with a first offense DWI in Newark, a DUI in Bloomfield, or Refusal in School Zone anywhere else in Essex County, we can help you. Call 201-654-3464 to discuss your case.

NJ Refusal in a School Zone Law: N.J.S.A. 39:50.4

Refusal to Submit to a Chemical Test in a School Zone is governed by N.J.S.A. 39:50.4a(b). Since all New Jersey drivers automatically consent to take a breath test when requested by a law enforcement officer, the statute merely clarifies the circumstances in which the penalties for Refusal may be enhanced:

  • The Refusal occurs on school property used for school purposes
  • The Refusal occurs within 1,000 feet of school property
  • The driver fails to submit to a breath test after driving through a designated school crossing
  • The violation occurred in an area where juveniles were crossing and present

Penalties for Refusal in an NJ School Zone

The penalties for Refusal are already enhanced when the violation occurs in a school zone; however, these penalties can be even more severe if the offender has previous DWI or Refusal convictions.

First Offense:

  • Driver’s License Suspension: 1–2 years
  • Ignition Interlock Device: Mandatory installation on all vehicles for 6 months–1 year after the return of the offender’s driver’s license
  • Fine: $600–$1,000
  • Alcohol Education Classes: 12–48 hours at the Intoxicated Driver Resource Center (IDRC)

Second Offense:

  • Driver’s License Suspension: 4 years
  • Ignition Interlock Device: Mandatory installation on all vehicles for 1–3 years following return of license
  • Fine: $1,000–$2,000
  • Alcohol Education Classes: 12–48 hours at the IDRC

Third Offense:

  • Driver’s License Suspension: 20 years
  • Ignition Interlock Device: Mandatory installation on all vehicles for 1–3 years after return of license
  • Fine: $2,000
  • Alcohol Education Classes: Up to 48 hours at the IDRC

Separate Charges for Driving While Intoxicated

Additionally, any sentence handed down for a Refusal violation will probably be tacked on to separate DWI charges because judges are allowed to impose these sentences consecutively.

Free Consultation with a Montclair DUI Lawyer

Our Driving While Intoxicated defense team includes a certified Alcotest operator, a former county and municipal prosecutor, and a former New Jersey State Trooper who was trained in field sobriety testing techniques and procedures. Let a member of our team help you beat your Refusal in a School Zone charges. Call us today at 201-654-3464, or email us to schedule a no-obligation meeting at our office in Newark, NJ.

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