Pompton Lakes NJ Refusal to Submit to a Breath Test in a School Zone Defense Attorney

DWI Defense Lawyer Serving Clients in Passaic County, New Jersey

When a police officer stops your vehicle in New Jersey, he or she may request that you submit to a breath test if he or she has probable cause to believe that you have been driving while intoxicated. In a majority of DWI cases, NJ prosecutors use the results of these breath tests to prove that the defendant’s blood alcohol content (BAC) was .08 percent or higher, the threshold for a DWI violation in New Jersey. However, sometimes the driver refuses to submit to a breath test, a decision that can lead to loss of one’s driver’s license, in addition to other penalties listed below.

Alissa D. Hascup is an aggressive and experienced DWI defense lawyer. Ms. Hascup has successfully defended countless clients charged with alcohol-related offenses, including refusal to submit to a breath test in a school zone, underage DWI, and first offense DWI in West Milford, Pompton Lakes, Paterson, and Totowa. Additionally, Ms. Hascup has extensive experience in the courtroom as both a DWI prosecutor and a criminal defense attorney.

Call the Law Office of Alissa Hascup, LLC today for a free consultation about your DWI case. Please feel free to continue reading this page for more information on refusal to submit to a breath test in a school zone charges and penalties in New Jersey.

Refusal to Submit to a Breath Test in a School Zone: N.J.S.A. 39:50.4

In New Jersey, a violation for refusing to submit to a breath test in a school zone is governed by N.J.S.A. 39:50.4. The statute criminalizes a driver’s failure to submit to a breath test when the driver is:

  • Driving on or within 1,000 feet of property used for school purposes; or
  • Driving through a school crossing; or
  • Driving in an area where juveniles are present and crossing the street.

Penalties for Refusal in a School Zone in New Jersey

The penalties for refusing to submit to a breath test in a school zone can vary, depending on the number of previous offenses.

First Offense:

  • Driver’s License Suspension: Loss of driver’s license for a period of between one (1) year and two (2) years.
  • Fines: May be fined up to $1,000.00, including court costs and fees.
  • Intoxicated Driver Resource Center (IDRC): Required to spend between 12 and 48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with IDRC requirements can result in jail time.
  • Ignition Interlock Device: Depending on the driver’s blood alcohol content (BAC), the court may require the driver to install an ignition interlock device on car for a period of between six (6) months and one (1) year.

Second Offense:

  • Driver’s License Suspension: Mandatory suspension of driver’s license for four (4) years.
  • Fines: May be fined between $1,000.00 and $2,000.00.
  • IDRC: Must spend 48 hours attending an alcohol education program at the IDRC. Failure to comply with these requirements can lead to additional jail time.
  • Ignition Interlock Device: Mandatory installation of an ignition interlock device on car for a period of between one (1) year and three (3) years.

Third Offense:

  • Driver’s License Suspension: Loss of driver’s license for 20 years.
  • Fines: Fines totaling $2,000.00.
  • IDRC: Determined on a case-by-case basis, but can be required to spend 48 hours attending an alcohol education program at the IDRC.
  • Ignition Interlock Device: Required to install an ignition interlock device on car for a period of between one (1) year and three (3) years.

Contact a Paterson NJ DWI Defense Lawyer for Answers

If you or a loved one has been charged with refusal to submit to a breath test in a school zone, call or email the Law Office of Alissa Hascup, LLC today. Ms. Hascup will be happy to look over the details of your case and formulate a winning strategy to help you avoid serious DWI and refusal penalties.

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If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and highly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your charges. She will review the facts of your case, answer your questions and tell you how she can help get your charges significantly reduced or even dismissed.

With offices in Paterson, Newark and Hackensack, Ms. Hascup can be reached 24/7 and offers nights and weekend appointments as well as flexible payment options.

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In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park and in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.

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