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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"One week later my ticket was dismissed."Great decision+great attorney=great resultScott
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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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"Got me a great outcome!!"Just found out that my careless driving and my 10 over speed were both dismissed! I was freaked out since I drive commercially and can't have points on my license! I am so happy that the lawyers at MAK were able to take my case and get me a great outcome!!!!! In the past I hired another traffic attorney and all he did was take my money and I still got found guilty. Martin cost a little more but he was well worth it cuz we won!Guillermo
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"Good communication the entire time."I am an idiot and got a ticket for doing 90 in a 40 in Manhattan. Martin and his people were very helpful throughout the process, keeping good communication with me the entire time. Just got word that the ticket was dismissed. THANKS MARTIN!Satisfied Client
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"Martin and Vanessa are superlative professionals, and I can't recommend them highly enough!"Martin took on my case for a flat rate and guaranteed a full refund if he couldn't reverse the suspension. Three weeks later, my license was fully restored!John L.
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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 -
"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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"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
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