DWI in School Zone* - Penalties for Offenses - The Law Office of Jay Weinberg

*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)**