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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"Martin is the perfect person for this job."
As a former NYS Traffic Law Judge and having previously sat where the Judges before him now sit, Martin is the perfect person for this job. Besides a plethora of experience on and off the bench, he's kind and honest, he listens and is attentive to your concerns, is straightforward and most importantly, gives out reasonable expectations. He always returns phone calls in a timely manner and makes himself accessible even on weekends. And to top it off, he even has a sense of humor. Hope I never have to hire him again, but if the situation arises, he's my go-to guy!
Margie -
"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 -
"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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"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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"Mr. Kron is wonderful!"Mr. Martin A. Kron is a knowledgeable, professional, effective and caring Attorney. And finding this combination is very rare. He treats you like a client, but he also treats you like family. I have gotten speeding tickets in the past and handled them myself. But this was a DWI Ticket (and a careless driving ticket) and I was petrified. I found Mr. Martin Kron, and he was wonderful. He believed what I had to say, he walked me through the process, and he even gave me his cell number and home email so that I could contact him any time I felt scared or confused. The first court date was just to enter the plea. Mr. Kron spoke with the Prosecutor prior to the second court appearance and we were hoping that based on the evidence, the Prosecutor would dismiss the tickets. No such luck. I think the Prosecutor wanted another "win" in his column, and I was going to be it. Mr. Kron presented our case and the Prosecutor presented why he had grounds to proceed to trial. But Mr. Kron professionally stood his ground and the 2 tickets were dismissed that day! I couldn't more highly recommend an attorney! Mr. Kron is wonderful!Eileen
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"Mr. Martin A. Kron & Associates is very professional, direct, and responsive."Mr. Kron and his firm delivered results way beyond my expectations. Job well done and worth the money!!Elie
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"I walked out with my best possible outcome."
After receiving a ticket for driving in a construction zone, I reached out to Marty who was highly recommended to me. Marty was terrific and clearly laid out all the possible scenarios. Sometimes court can be overwhelming (points, no points, fine, reduced fine, guilty vs not guilty) yet Marty made everything simple and focused on what outcome was most important for me. Due to Marty, I walked in confident and walked out with my best possible outcome
I hope to not be in court again for any type of traffic violation but Marty will be my first call if I need assistance and anyone else reading this should do the same.
Justin -
"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