Refusing A Breathalyzer

Should you refuse to take a Breathalyzer?

In New York, both law enforcement and the court system take driving while intoxicated (DWI) and driving under the influence (DUI) charges very seriously. In order to circumvent the charge, should you refuse to have your breath tested for alcohol? Think carefully, because drivers who refuse to do so can face the same loss of driving privileges as a DWI or DUI conviction.

At The Martin A. Kron & Associates, LLP, we understand how some drivers feel afraid when an officer asks to test their breath for alcohol. In New York, you have consented to this procedure by implied consent when you obtained your New York driver’s license. If this implied consent is broken, law enforcement personnel can legally detain you and take you to a hospital for a blood test.

If you refuse the test, the penalties can include:

  • First offense: Up to a one year license loss, up to $500 fine
  • Second offense: Two years license loss, up to $750 fine

If the infraction takes place in a school zone, the fines and penalties increase. All offenses require a 12-hour minimum commitment at the Intoxicated Driver Resource Center. For more information, visit the New York Motor Vehicle Commission’s website.

If you have questions regarding a refusal to have your breath tested for alcohol, contact The Martin A. Kron & Associates, LLP. We offer a free initial consultation, and charge reasonable fees for our services. We help residents of Bergen County, and communities throughout New York.