In New Jersey, being arrested and convicted for driving while intoxicated carries penalties both in the legal system and the person’s professional and personal life. They can lose their driving privileges, be fined, and even receive jail time. It might also lead to professional problems and disfavor in the community. For example, the conviction could prevent them from getting certain jobs.
What people might not realize is that the circumstances of the DWI arrest could make the penalties worse. That includes the alleged incident occurring in a school zone. For people who are charged with a school zone DWI, it is vital to understand the law, the possible consequences, and how to create an effective defense.
School zone DWI carries with it harsher penalties
The fundamental laws regarding a DWI are in place regardless of where a person is driving at the time. But when they are in a school zone, they are enhanced. For a conventional DWI, the person must have ingested alcohol or drugs that inhibits their ability to operate a vehicle safely. Their blood alcohol concentration needs to be at least 0.08%.
For a school zone DWI, the incident must have happened while the vehicle is on school property or within 1,000 feet of school property. It can also happen when the driver goes through a municipally designated school crossing whether there are juveniles there or not. If there are juveniles present and it is a school crossing that has not been designated as such by a municipality, it is still a school zone DWI.
The penalties are doubled for school zone DWI. If it is a first offense under normal circumstances, the driver will be fined $250 to $400. They could be incarcerated for up to 30 days. The driver’s license will be suspended for three months. If it happens in a school zone, the fine is $500 to $800. The jail sentence can be for 60 days. And the driver’s license suspension will be for at least one year, but not more than two years.
The court can also order the driver to participate in a supervised visitation program or community service. An ignition interlock device could be placed on the driver’s vehicle for at least six months and up to one year.
A DWI defense must address the specific charges
While any DWI charge is serious, the penalties can be harsher depending on the circumstances. After being arrested in a school zone for DWI, the criminal defense needs to be tailored to fight the charges. Those who are arrested for DWI must understand the possible ramifications and do whatever is necessary to combat them and reach a positive resolution.