Refused to Submit to a Breath Test
in New York?
Protecting The Future Of Those Who Refused To Submit to a Breath Test
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. The 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.
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 you need help building a strong defense against DUI charges, our traffic ticket attorney in New York can help. Call Martin A. Kron & Associates, P.C. today at (212) 235-1525 or contact us online to schedule a consultation.
Should You Refuse or Submit to a Breath Test?
Driving is a privilege—not a right. When you accept your license, you automatically agree to test 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.
What Are The Consequences For Impaired Driving in NY and NJ?
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
Recent Reviews
Read What Our Clients Have to Say
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"BEST DEAL IN NYC!!!"Had tons of old traffic tickets in NYC. Mr. Kron got them reopened and thrown out. I got emails all the time telling what was going on but I never had to appear.Jack
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"One week later my ticket was dismissed."Great decision+great attorney=great resultScott
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"He was always calm and patient with me."Martin is absolutely the best at what he does! He helped me from beginning to end with an improper cell phone use ticket. He made himself available for me consistently and returned my calls if he wasn't able to speak. He explained things in detail and answered all my questions. I literally bugged this man with questions because of my anxiety and he was always calm and patient with me. On the date of my court hearing, I walk right in and right out as he tells me I got your case dismissed. I had the biggest smile on my face and I was certainly relieved. Hands down he is an excellent communicator and is surely effective! Thank you, Martin!Tasha
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"Attentive, grade A service"
I recently retained Martin and his son Dan to handle a DUI for me as I was incredibly worried that one big mistake was going to haunt me for the rest of my life. I called multiple attorneys and though their fee was by no means the lowest it came in right around the middle of all the quotes I had received. What I felt I got from them was attentive and grade A service though. From the beginning, Dan was very reassuring and set me at ease. We discussed my case and came up with a plan for how we would proceed. Over the course of the multiple appearances that I had to make he was always there at the right time, saying the right thing, and in general acting like he had my back. In addition, whenever I called the office for updates his assistant was super helpful and whenever I spoke to him or Martin, they were super generous with their time. In the end, they obtained as good an outcome as I could have ever wished for! I am very grateful to all their hard work and the professional and friendly demeanor they maintained through this entire travail. I cannot recommend them enough!
Michael -
"Reduced my son's fine considerably."My son and I consulted with Martin for a traffic violation that was received in the Bronx in 2016. His knowledge reduced my son's fine considerably as well as helped him shed points in an efficient manner. We would recommend him for hire.Paul
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"Martin A. Kron got me off with a warning."In September 2015 I was faced with a very serious New York City traffic violation. I was very upset with the predicament I had gotten myself into & reached out to Martin A. Kron for legal counsel. Subsequent to explaining what happened Martin agreed to handle my case & assured me I was in good hands - at this point I formally retained Martin. I sweated out a possible suspended license - I was humiliated, embarrassed & humbled by the sheer recklessness of my actions. I swore to myself that if I got off with just a warning I would never ever disobey the traffic laws again. Via his expert legal acumen & experience, Martin A. Kron got me off with a warning. I strongly recommend The Law Offices of Martin A. Kron to anyone facing a traffic violation. In summary, do not disobey the traffic laws - the consequences are just not worth it.Robert
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"Got me a great outcome!!"Just found out that my careless driving and my 10 over speed were both dismissed! I was freaked out since I drive commercially and can't have points on my license! I am so happy that the lawyers at MAK were able to take my case and get me a great outcome!!!!! In the past I hired another traffic attorney and all he did was take my money and I still got found guilty. Martin cost a little more but he was well worth it cuz we won!Guillermo
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"Good communication the entire time."I am an idiot and got a ticket for doing 90 in a 40 in Manhattan. Martin and his people were very helpful throughout the process, keeping good communication with me the entire time. Just got word that the ticket was dismissed. THANKS MARTIN!Satisfied Client
What Sets Us Apart?
We Put the Needs of Our Clients First
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Over 40 Years of Experience Handling Traffic Cases
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Former New York State
Traffic Court Judge -
Trained by New York State Department
of Motor Vehicles -
Provides Personalized One-On-One Attention to Every Client
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In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
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Fast, Reliable Communication Every Step of the Way