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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"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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"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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"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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"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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"Both tickets dismissed!"I received two cell phone tickets in the past year because I was using the GPS on my cell phone. Mr. Kron was able to get both tickets dismissed and put me at ease along the way.James
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"SAVED MY LICENSE"My lawyer helped save my license from a suspension. If I can't drive I can't work or feed my family. They were always on top of my case and helped me continue to drive for a living. I spoke with all three partners and each one knew about my case and helped each step of the way. Vanessa the manager was so helpful and didn't mind that I called every day.Augie
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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
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"The judges in the courts we were in knew who he was and liked him."Martin Kron and his office did a wonderful job helping me with traffic tickets that were more than 3 years old!!! The judges in the courts we were in knew who he was and liked him and his professionalism. His associates in his office were very very nice, timely and helpful. He was always reachable and actually made the experiment fun... I was worried I would have to pay high fines because I had not done anything about these tickets for so many years, but because of Martin and his relationships with the courts, I really got great fines with no points added to my license!!! I forwarded his information to several of my friends because we finished so quickly. I would refer him again at any time.Darra
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