DWI Refusal in a School Zone in New Jersey

DUI Defense Attorneys with Offices in Morristown, New Jersey

NJ Breathalyzer Refusal in a School Zone 39:50.4a(B)

The DWI Lawyers at the Tormey Law Firm understand that a DWI charge can happen to anyone. Being arrested for Driving While Intoxicated (DWI) will leave you with a permanent mark on your record. A subsequent DWI conviction will result in an entry on your New Jersey Motor Vehicle Commission (MVC) driver’s abstract, which can have a long-term impact on your finances and employment opportunities. You need an experienced team of NJ DWI lawyers to fight your DUI/DWI charges.

The Tormey Law Firm is a team of experienced criminal defense and drunk driving attorneys who have been representing clients throughout New Jersey for years. We’ve helped thousands of clients charged with alcohol-related offenses such as refusal to submit to a breath test, third offense DWI, and underage DWI in Denville, Morristown, Mount Olive, Dover, Madison, and Parsippany. In fact, our founding partner, Travis J. Tormey, is one of a handful of NJ attorneys who are certified Alcotest 7110 operators. The Alcotest is the breath-testing device used by law enforcement throughout the State. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath-testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case.

If you or a loved one has been charged with a driving while intoxicated offense in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form to schedule an appointment.

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

In New Jersey, a violation for refusing to submit to a breath test in a school zone is governed by N.J.S.A. 39:50.4. The statute criminalizes a driver’s failure to submit to a breath test when the driver is:

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

Penalties for DWI Refusal in a School Zone in New Jersey

The penalties for refusing to submit to a breath test in a school zone can vary, depending on the number of previous offenses.

Penalties for Refusal in a School Zone include the following:

First Offense:

• Fine: $600 – $1,000
• License Suspension: One (1) year to Two (2) years
• Intoxicated Driver Resource Center (IDRC): Required to spend between 12 and 48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with IDRC requirements can result in jail time.
• Ignition Interlock: Six (6) months to One (1) year

Second Offense:

• Fine: $1,000 – $2,000
• License Suspension: Four (4) years
• IDRC: Must spend 48 hours attending an alcohol education program at the IDRC. Failure to comply with these requirements can lead to additional jail time.
• Ignition Interlock: Depending on the driver’s blood alcohol content (BAC), the court may require the driver to install an ignition interlock device on car for a period of between six (6) months and one (1) year.

Third Offense:

• Fine: $2,000
• License Suspension: 20 years
• IDRC: Determined on a case-by-case basis, but can be required to spend 48 hours attending an alcohol education program at the IDRC.
• Ignition Interlock: One (1) year to Three (3) years

Contact a Kinnelon DWI Lawyer for a Free Consultation 

Do not let a DWI/DUI conviction destroy your life. Contact an experienced drunk driving defense attorney today so that you can combat the charges against you and avoid losing your driving privileges in New Jersey.

The skilled DWI defense lawyers at the Tormey Law Firm can help you. Our attorneys have extensive experience in the courtroom, which has allowed us to develop advanced defense strategies that we can use to help you beat your DWI charges. This experience gives us an edge in the courtroom because we understand how the other side thinks and we can anticipate the prosecution’s arguments in your DWI case.

If you or a loved one is facing a DWI charge in New Jersey, contact the Tormey Law Firm today at 866-949-6948, or use our online contact form to schedule a free consultation.