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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"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
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"He kept in touch to make sure my issue was completely resolved."Martin Kron was very patient, fair, and upfront during my interactions with him. I am currently out of the NY/NJ area, after a recent move. But needed someone to represent me for an issue with the DMV in NYS. He was realistic with timelines and was able to ultimately get my issue resolved before it affected my current state license. Can't thank him enough. After he resolved the issue in NYS, he kept in touch to make sure my issue was completely resolved in my new home state.Orlene
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"I was out of the court in 20 minutes."Marty is a professional, and a very caring person. Recently on my way to daughters graduation, I entered HOV lane at GW Bridge. On his advise I pleaded guilty but the points were waived. He met me at the court and we went before the judge right away and I was out of the court in 20 minutes.Satisfied Client
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"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.
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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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"Hire him with confidence."I owe Marty a debt of gratitude for the way in which he counseled me on traffic tickets and what to do in court. I would give Marty my highest recommendation. He REALLY knows his stuff. Do hire him with confidence. While I hope I never need him again I rest a little easier knowing that I have him by my side. Thanks, Marty.Rand
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"I felt I could rely on Mr. Martin."I would like to thank Mr. Martin for his quick and professional help! My traffic problem was resolved in the best possible way. I felt I could rely on Mr. Martin with my problems and was very secure regarding the outcome. It was a pleasure to work with and communicate. Thanks a lot for your help!Natalia
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"Very professional and quick."I'm happy to say today my wife was able to finally get her new license plates for NJ after the NY suspension was completely wiped from her record. Amazing turnaround. I like their no-nonsense approach.Eric D.
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