Skip to Content
Top
Refused To Submit To A Breath Test Former Traffic Court Judge Fighting For You

Refused to Submit to a Breath Test  
in New York?

Protecting The Future Of Those Who Refused To Submit 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
Continue Reading Read Less

Recent Reviews

Read What Our Clients Have to Say
    "If you need an Ace in the hole, he's your man!"
    Mr. Kron was on top of my case like an eagle in the treetops and kept me informed the entire time of every change as well as every possible outcome. His attention to detail, professionalism, and demeanor is UNMATCHED.
    Spiro
    "Martin and Vanessa are superlative professionals, and I can't recommend them highly enough!"
    Martin took on my case for a flat rate and guaranteed a full refund if he couldn't reverse the suspension. Three weeks later, my license was fully restored!
    John L.
    "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
    "So personable and nice."
    When I called the Firm I was very hesitant in even hiring an attorney but after speaking with the attorney I felt very comfortable in my decision in hiring an attorney. I had a reckless driving summons in NY and the attorney Lindsay Kron met me at court. She was so personable and nice. She was able to have my summons reduced to a no point no criminal violation with a minimal fine. This Firm is amazing and did a great job. I would definitely recommend them in the future.
    Rachel
    "Martin took care of two tickets that were worth 8 points on my license!"
    Martin and his team were so professional, attentive, and responsive. I recommend Martin 100%!! Thank you so much. Very very much appreciated.
    Christine
    "Trust me, he's your guy!!"
    I had a complicated situation with 3 tickets and was in danger of losing my licence. Martin negotiated with the prosecutor, got my tickets reduced and I was able to keep my license. If you have traffic tickets, trust me, he's your guy!!
    Satisfied Client
    "Most impressed by their availability to respond to me."
    I'm glad I choose this lawyer. His professionalism and his ability to follow things up impressed me. There was always someone in the office to respond to my phone calls. Finally, they had my file up to date. I won my case, but beyond everything, I was most impressed by their availability to respond to me. Thanks!
    Vitalis
    "He went above and beyond."
    He went above and beyond. Martin's combination of experience, honesty, and positive demeanor helped me.
    Nick

What Sets Us Apart?

We Put the Needs of Our Clients First
  • Over 40 Years of Experience Handling Traffic Cases
  • 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
  • In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
  • Fast, Reliable Communication Every Step of the Way