DWI in New Jersey When Driving on or Near School Property

Driving while intoxicated (DWI) is a serious offense in New Jersey, and when this violation occurs near a school, specifically in a designated school zone, the consequences are even more severe. The state has established strict laws as to an offense committed within designated school zones. If you find yourself facing a separate, additional DWI charge of an offense committed near a school, you could be up against enhanced penalties that can impact your life in significant ways.

Understanding New Jersey DWI Laws

New Jersey’s DWI laws are clear and uncompromising. The state prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, as outlined in N.J.S.A. 39:4-50 or while under the influence of alcohol or relevant drugs. However, when this alleged offense is charged as taking place on or near school property, the stakes are much higher.

According to New Jersey law, specifically N.J.S.A. 39:4-50(g), a person convicted of a DWI within 1,000 feet of school property, or while driving through a school crossing, will face stiffer penalties.

Enhanced Penalties for DWI Near School Property

The penalties for a DWI near school property extend beyond those of a standard DWI. If convicted under N.J.S.A. 39:4-50(g), one could be facing fines that are nearly double, mandatory community service, and imprisonment.

In addition to these penalties, your driving privileges are at serious risk. Conviction under N.J.S. 39:4-50 (g) doubles the basic DWI penalties at sentencing.

Legal Consequences Beyond the Courtroom

There are collateral consequences of a DWI conviction which do not end in the courtroom. A conviction is a permanent entry on one’s driving record, and, for instance, and insurance premiums will increase materially.

Employers often conduct background checks, and a DWI conviction—especially one that occurred near a school—could hinder employment prospects.

Defending Against DWI Charges Alleged As Near School Property

Various defense strategies can be employed to challenge such charges.

For instance, an attorney might question the legality of the traffic stop, the accuracy of the breath tester, or the manner in which evidence was collected.

In some cases, it may be possible to demonstrate that the school zone was not properly marked.

It is essential to hire a seasoned DUI attorney in NJ who understands the complexities of DWI laws and the additional challenges posed by school zone cases.

A knowledgeable attorney can assure the best defense— and thus the best result— possible under the circumstances of a particular case.

If you or someone you know is facing such charges, seeking the assistance of a top DUI attorney is critical. Do not take chances with your future— the Law Offices of Bartholomew Baffuto can provide the defense you need to fight the charges and protect your rights*.

*There is no guarantee of a successful result.  Each case is unique.  Results may vary depending on your particular facts and legal circumstances.

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