Reader’s Question:

My brother got arrested for DWI in a school zone in Bayonne, New Jersey. If he gets convicted, are the penalties the same as in a DWI that’s not in a school zone?

Jason
Bayonne, NJ

Being arrested for DWI in a School Zone in the state of New Jersey is a strict liability offense. If your brother gets convicted for DWI in Bayonne, New Jersey and he was arrested in a school zone, his penalties will be harsher. This means that the fines and the length of the driver’s license suspension will be doubled. For a first DWI offense, the license suspension would be one to two years and for second time offense, the license suspension is two to four years; the fines and the jail terms are also doubled.

In general, the “school zone” provisions actually supply credit or provide a significant weight for the prosecution to obtain a DWI conviction. In many DWI cases, the prosecution could drop the “school zone” charge in return for a straight plea to the DWI charge. A motorist charged for DWI could not use the defense that since school was closed, that the area could not be considered a “school zone.” A motorist could be charged for this offense even if he is stopped in the middle of the night and there is no school in session.

Tags: drunk driving laws, DWI, DWI arrest, DWI lawyer, DWI penalties