After being pulled over for a DWI, refusal to submit to a chemical test (i.e. breath test, the Alcotest machine) can lead to certain penalties. Refusal to submit to a chemical test in a school zone carries even heavier penalties and is governed by N.J.S.A. 39:4-50.4a.b. It provides in pertinent part:
Refusal to submit to chemical test while
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
First offense: $600 – $1,000 fine, and $100 DDEF, and driver’s license suspension not less than 1 year nor more than 2 years, and shall order offender to IDRC, and shall order installation of ignition interlock device during period of suspension and for not less than 6 months nor more than 1 year beginning immediately upon return of offenders driver’s license.
Second offense: $1,000 – $2,000 fine, and $100 DDEF, and driver’s license suspension for 4 years, and shall order offender to IDRC, and shall order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years beginning immediately upon return of offenders driver’s license.
Third offense: $2,000 fine, and $100 DDEF, and driver’s license suspension for 20 years, and shall order offender to IDRC, and shall order installation of ignition interlock device during period of suspension and for not less than 1 year nor more than 3 years beginning immediately upon return of offenders driver’s license.
As the above statute and penalties state, refusal penalties for a school zone offense are very serious. It is imperative that you hire an experienced DWI defense firm to represent you against these serious charges. Our above credentials and experience are extensive and evident. We will examine the probable cause for the stop, the field sobriety testing and instructions, as well as the alleged refusual to submit to a breath test when drafting a comprehensive defense strategy to combat your DWI charges. Contact our Morristown or Parsippany office locations for immediate assistance at (973)971-0030. The initial consultation is always free of charge.