If you’re convicted of DWI and you are within 1,000 feet of a school, your penalties will double.
For a first offense, there is a loss of New Jersey driving privileges for a minimum of one year and a maximum of two years, and up to 60 days in jail. There is also a fine of $500 to $800, additional court assessments of $325 to $400, a state surcharge of $3,000, and your insurance company will surcharge you at least $3,000 to well over $10,000 depending on your specific circumstances.
To be charged as a second or greater offender in a school zone, the prior conviction(s) had to have been in school zones, otherwise, sentencing would not occur under the school zone section of the statute. Non-school zone sentencing would apply.
Second offenses in a school zone carry a mandatory jail sentence of 96 hours to as much as 180 days, as well as mandatory community service for 60 days.
A third or greater offense results in a loss of New Jersey driving privileges for 20 years, and carries a minimum mandatory jail sentence of 180 days, 90 of which can be served in an IDRC approved rehab facility. There is no parole on the 6 month jail sentence. Court fines and assessments can be as much as $2,400.
Stating that you were unaware that you were within 1,000 feet of school property or a school crossing, or that it was late at night and there were no juveniles present at the time cannot be used as a defense for a school zone charge.