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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"He didn't have to talk to me on his weekend but he did."
I Hired Martin to help resolve 2 tickets I received for improper use of a cellphone. Martin listened to my story and was very honest and said I would lose the case unless I could prove it was a dire emergency. Martin explained how the process worked and that there was no ability to plea the tickets down. He explained points of law and how his firm would represent me in the cases. He did this during a Sunday morning while with his family. I was very impressed with his dedication to my cases. He didn't have to talk to me on his weekend but he did. Very classy.
By the way, he won the first case for me! Second is pending. But regardless of the outcome, I know he is working hard to represent my case properly. Thanks for everything
Rob -
"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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"We were up first and out first."Marty met me 15 minutes before court was due to start exactly as we agreed. He spoke to the prosecutor and as indicated in the title, cut the points on my two tickets from 8 to 2, reduced my fines by a third, and we were out of court in 45 minutes. Had they started on time it would have been only 30 minutes instead of the hours it might have been with all the people that showed up. We were up first and out first. I bet he was there quite a bit earlier than I was to accomplish this feat.Jeff
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"I would refer him to anyone, anytime for anything."I had 3 cell phone violations within 18 months, which by law subjects me to license suspension. Mr. Kron and I deferred our case 4 times which is the maximum. When we finally decided to plead me guilty, Mr. Kron did everything within his power to reason with the judge for leniency-and he succeeded!! I was found guilty, have to pay a fine, but will be able to keep on driving which is extremely important for me to maintain my lifestyle. Most importantly, during this process, I was a nervous wreck. Mr. Kron was immediate in his responses to my inquiries----almost replying to my texts before I hit send!! I cannot thank this man enough... I would refer him to anyone, anytime for anything. He did an absolutely wonderful job for me. One final thought. You know how you read about or see about everything else that works for other people but never works for you? This is a case where this guy was an angel and delivered me the best possible outcome. I am a very lucky man today because of Mr. Kron.Brian
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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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"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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"Reduced my son's fine considerably."My son and I consulted with Martin for a traffic violation that was received in the Bronx in 2016. His knowledge reduced my son's fine considerably as well as helped him shed points in an efficient manner. We would recommend him for hire.Paul
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"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
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