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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"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
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"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.
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"It's a relief knowing they are on my side."
I am currently a client of Martin and his firm. They are a hard working firm and have been a pleasure to work with. I have spoken to several of them on the phone (sometimes on the weekend) and they have been nothing short of kind and generous. Their feedback and guidance thru emails and phone calls have been outstanding. It's a relief knowing they are on my side and doing everything they can to restore my driving privileges. Their attention to detail and enthusiasm in helping me is unlike no other firm I have dealt with. I would highly recommend them if you are in any sort of traffic violations.
Sky -
"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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"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 -
"The best decision I made."
I highly recommend Martin Kron & Associates. I had a great experience. A good friend recommended me to Marty last year when I received a speeding ticket in NYC. Marty knows the process extremely well, listened & answered all of my questions, and ultimately got my ticket dismissed. In addition, during the past 20 months, when I had questions regarding the adjournments and processes, all of the people in his office were extremely responsive, professional and great at answering all of my questions. Before getting the referral to Marty, I called a few other traffic law firms that I found online to possibly handle the ticket. They all sounded like ticket factories with no real service and no real people behind you. Having Marty or one of his attorneys representing you in NYC traffic court was the best decision I made and is 100% the right answer. I got a great result and felt that I had the A-team on my side. If you get a traffic ticket in NYC, I would call Martin Kron...
Eric -
"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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"Martin was honest, clear and available."This was my first time hiring an attorney for a ticket. I had a ticket for speeding in a school zone and was in jeopardy of having my license suspended. Martin was honest, clear and available. He just communicated with me and shared I was found not guilty!!! So grateful and thankful for Martin and his team!Satisfied Client
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