Refused to Submit to a Breath Test in New York?

Experienced New York Traffic Ticket Lawyer to Protect Your Future

Having a drink at a restaurant and driving home is not illegal. However, the question for drunk driving charges asks whether your ability to drive was impaired. Blood alcohol content is widely accepted as evidence of impairment, which is why law enforcement officers frequently conduct breath tests during a traffic stop. If you refused to submit to a breath test, our New York traffic ticket lawyer can help.

If you need help building a strong defense against DUI charges, we can help. Call our office at (212) 235-1525 or contact us online for a free consultation.

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.

Should You Refuse or Submit?

Driving is a privilege—not a right. When you accept your license, you automatically agree to testing under the law known as implied consent. Privacy is a right, however, which is why you can refuse. If you do, the government can penalize you with license suspensions and fines.

"Refuse or submit?" is 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, such as if you were pulled over in a school zone.

Consequences for impaired driving in New York include:

• First offense
  • $500 fine
  • 1-year license suspension
• Second offense
  • $750 fine
  • 18-month license suspension
• Third offense
  • $750 fine
  • 18-month license suspension

In New Jersey, those consequences include:

• First offense
  • Fine of up to $500
  • $3,000 in surcharges
  • Up to 1-year license suspension
  • 12 hours at the Intoxicated Driver Resource Center (IDRC)
• Second offense
  • Fine of up to $1,000
  • $3,000 in surcharges
  • 2-year license suspension
  • 12 hours at the IDRC
• Third offense
  • $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. to schedule a free consultation about your case. We can help you get a clear picture of what to expect and how to prepare.

Get started today by calling (212) 235-1525now.