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
Recent Reviews
Read What Our Clients Have to Say
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"Exceeds excellence!!"The team at Martin A. Kron exceeds excellence!!! Thank you so much, Naomi, for helping me in my situation concerning my DMV case! You're the best!!!Viana
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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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"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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"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
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"I received invaluable advice on my case."I received a ticket for driving with an expired license and thought I'd go to court myself without consulting an attorney. However, last minute, a friend recommended Mr. Kron. Without much notice, I received invaluable advice on my case which spanned both NY and NJ traffic laws. Instead of having my license suspended, I received a minimal fine. I would highly recommend Mr. Kron He is extremely knowledgeable and professional and I'm very grateful I did not go at it alone.Talia
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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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"Would highly recommend, thank you again!"The NY DMV can be difficult to navigate, I am so glad that I called Martin A. Kron & Associates. Vanessa and the team resolved a difficult situation for my family in a matter of days.Anthony
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"He did the IMPOSSIBLE!"I almost never write reviews, but he did the impossible today which warrants a review.Phil
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