Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.

No. The extra school-zone DWI penalties used to sit in subsection (g) of N.J.S.A. 39:4-50. The current statute reads "(g) (Deleted by amendment, P.L.2019, c.248)." A DWI near a school is now sentenced under the ordinary first, second or third offense rules. School zones still matter in two other places: driving while suspended for DWI under 39:3-40(f)(3), and drug distribution under 2C:35-7.

What the old law did

Former 39:4-50(g) raised the penalties for a DWI on or within 1,000 feet of school property, or through a school crossing, with higher fines, longer license suspensions and jail. The 2019 law that rewrote DWI penalties and moved New Jersey toward ignition interlocks, P.L.2019, c.248, deleted that subsection.

Why you may still read about it

Some older web pages and books still describe the school-zone DWI enhancement as current law. If your summons cites 39:4-50(g), or someone tells you it applies, ask your lawyer to check the date of the offense and the current text.

Where school zones still matter

  • Driving while suspended: under 39:3-40(f)(3), driving on or within 1,000 feet of school property, or through a school crossing, while suspended for DWI, refusal or certain point suspensions carries a jail term. See driving while suspended.
  • Drug charges: distributing or possessing with intent to distribute on or within 1,000 feet of school property is a separate crime under 2C:35-7. See school zone drug charges.

What a DWI near a school looks like today

  1. The police officer charges DWI under 39:4-50 (and often refusal under 39:4-50.4a if no breath sample was given).
  2. The case is heard in the municipal court where the stop happened.
  3. If convicted, the penalty depends on the offense number and, for a first offense, the BAC level. See first-offense DWI.
  4. The location can still be part of the facts the judge hears, but it no longer triggers a separate enhanced penalty under 39:4-50.

Related guides

  • First-offense DWI

    First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.

  • Breath test refusal

    Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.

  • Ignition interlock

    How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.

  • Alcotest 9510

    The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.

  • Second and third DWI

    Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.

  • Driving while suspended (39:3-40 / 2C:40-26)

    Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.

  • DWI plea agreements

    For decades New Jersey banned plea bargaining in DWI cases under Guideline 4. Since February 2024, N.J.S.A. 39:4-50 allows a plea agreement on the prosecutor's recommendation with a factual basis.

  • DWI with a CDL

    How a New Jersey DWI affects a commercial driver license: the 0.04% limit in a commercial vehicle, one- to three-year CDL suspensions, lifetime revocation for a second offense, and DWI in a personal car.

  • Underage DWI

    New Jersey's underage drinking and driving law, N.J.S.A. 39:4-50.14: the 0.01% BAC threshold for drivers under 21, the 30- to 90-day license loss, community service, and when the regular DWI law applies instead.

  • School and park zone charges

    How New Jersey's 1,000-foot school zone and 500-foot public housing, park, and building zones work for drug distribution charges, and how distances are challenged.

Frequently asked questions

Is there an extra penalty for DWI in a school zone in NJ?

Not under the current DWI statute. Subsection (g) of N.J.S.A. 39:4-50, which set school-zone DWI penalties, was deleted by P.L.2019, c.248.

Do school zones matter for driving while suspended?

Yes. Under 39:3-40(f)(3), driving within 1,000 feet of school property or through a school crossing while suspended for DWI or refusal carries a jail term.

Is a school zone drug charge different?

Yes. Distribution or possession with intent to distribute within 1,000 feet of school property is a separate crime under N.J.S.A. 2C:35-7, heard in Superior Court.

Where we handle these cases

Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County

Sources

This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.