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Refused To Submit To A Breath Test? Should You?

Having a drink at a restaurant or bar, and driving your car home is not in itself illegal. The question for drunk driving charges is rather, "was your ability to drive impaired by the alcohol?" Blood alcohol content is widely accepted as evidence of impairment, which is why law enforcement officers frequently conduct breath tests during a traffic stop.

Since 1986, Martin A. Kron & Associates, P.C., has helped drivers successfully fight DUI/DWI charges in New York and New Jersey. We find that many drivers struggle with the decision to refuse or submit. If our three decades of practice have taught us anything, it is that the outcome of your case rests on much more than whether or not you submitted to a breath test.

If your opportunity to refuse or submit has already passed and you need help building a strong defense against DUI charges, we can help. Call our office at 212-691-0175 or email us for a consultation.

'Refuse Or Submit?' The Answer Is Not The Same In Every Situation.

Driving is a privilege not a right. When you accept your license you automatically agree to testing, a law referred to as implied consent. Privacy is a right, which is why you can refuse. The result, however, is that the government can penalize you for refusing with license suspensions and fines.

"Refuse or submit?" thus becomes a situational decision. It may not always be in your best interests to submit, but did you know that you can call an attorney before you do?

Like all other consequences for drunk driving, those for refusal depend on where you were pulled over. They can also be enhanced by the circumstances, like if you were pulled over in a school zone.

New York New Jersey
First offense
  • $500 fine
  • One-year license suspension
  • Fine of up to $500
  • $3,000 in surcharges
  • Up to one-year license suspension
  • 12 hours at the Intoxicated Driver Resource Center (IDRC)
Second offense (or first offense in NY with DWI conviction in past five years)
  • $750 fine
  • 18-month license suspension
  • Fine of up to $1,000
  • $3,000 in surcharges
  • Two-year license suspension
  • 12 hours at the IDRC
Third offense
  • $750 fine
  • 18-month license suspension
  • $1,000 fine
  • $4,500 in surcharges
  • 10-year license suspension
  • 12 hours at the IDRC

Did You Refuse Or Submit? Contact Us For Help.

If you have questions regarding your refusal to take a Breathalyzer test or any drunk driving charges, contact Martin A. Kron & Associates, P.C., by calling 212-691-0175 or sending us your information online. We offer initial consultations and affordable fees for our services.