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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"I am so glad I chose his firm, his fee was well worth it."I am very happy with Mr. Kron's help. He had my ticket for driving with lapsed insurance in New Jersey (1st offense, no bad driving history) dismissed, all I had to pay were $33.00 in court fees. I am so glad I chose his firm, his fee was well worth it.Mariya
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"He went above and beyond."He went above and beyond. Martin's combination of experience, honesty, and positive demeanor helped me.Nick
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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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"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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"Honest with regards to the whole matter and never gave me a false sense of security"I would like to personally thank Mr. Martin Kron for his help in getting a no left turn moving violation dismissed. I had a clean driving record with no moving violation and after speaking with Mr. Kron he made no guarantees and was honest with regards to the whole matter and never gave me a false sense of security as to what the final turn out would be. He said he would only do his best and I gave him my case. I was extremely worried because it was an injustice based on the circumstances and Mr. Kron was able to get the moving violation to dismiss and I thank him very much. I recommend Mr. Kron for traffic violations without hesitation, and again I say "Thank You" Mr. Kron.Irving
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"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
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"Moving violation dismissed."Mr. Kron he made no guarantees and was honest with regards to the whole matter and never gave me a false sense of security as to what the final turn out would be.Irving
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"No fine and no points on my license!"Martin is an excellent lawyer. I had a hearing for a cell phone ticket that I forgot about. I called him 1 day before and Martin attended the hearing the following day in my absence and got me a No Guilty Fee! Resulting in no fine and more importantly - no points on my license!John
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