What happens if a DWI driver is stopped in a “School Zone?
If a DWI driver is arrested in a “School Zone” then basically the fines and the length of the driver’s license suspension are doubled. This is a strict liability offense. The DWI stop must occur within 1,000 feet of the “school zone.” For a first time offense, the license suspension is 1 to 2 years. For a second time offense, the license suspension is 2 to 4 years. The jail terms and the fines are also doubled. The “school zone” provisions are often used as leverage for the prosecutor to obtain a conviction. In many cases, the prosecutor may drop the “school zone” charge in return for a straight plea to the DWI charge. A driver cannot use the defense that since school was closed, that the area cannot be considered a “school zone.” A driver can be charged for this offense even if he is stopped in the middle of the night and there is no school in session.