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 A. Kron got me off with a warning."In September 2015 I was faced with a very serious New York City traffic violation. I was very upset with the predicament I had gotten myself into & reached out to Martin A. Kron for legal counsel. Subsequent to explaining what happened Martin agreed to handle my case & assured me I was in good hands - at this point I formally retained Martin. I sweated out a possible suspended license - I was humiliated, embarrassed & humbled by the sheer recklessness of my actions. I swore to myself that if I got off with just a warning I would never ever disobey the traffic laws again. Via his expert legal acumen & experience, Martin A. Kron got me off with a warning. I strongly recommend The Law Offices of Martin A. Kron to anyone facing a traffic violation. In summary, do not disobey the traffic laws - the consequences are just not worth it.Robert
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"BEST DEAL IN NYC!!!"Had tons of old traffic tickets in NYC. Mr. Kron got them reopened and thrown out. I got emails all the time telling what was going on but I never had to appear.Jack
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"Honest with regards to the whole matter and never gave me a false sense of security"I would like to personally thank Mr. Martin Kron for his help in getting a no left turn moving violation dismissed. I had a clean driving record with no moving violation and after speaking with Mr. Kron he made no guarantees and was honest with regards to the whole matter and never gave me a false sense of security as to what the final turn out would be. He said he would only do his best and I gave him my case. I was extremely worried because it was an injustice based on the circumstances and Mr. Kron was able to get the moving violation to dismiss and I thank him very much. I recommend Mr. Kron for traffic violations without hesitation, and again I say "Thank You" Mr. Kron.Irving
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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 -
"I was out of the court in 20 minutes."Marty is a professional, and a very caring person. Recently on my way to daughters graduation, I entered HOV lane at GW Bridge. On his advise I pleaded guilty but the points were waived. He met me at the court and we went before the judge right away and I was out of the court in 20 minutes.Satisfied Client
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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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"No fine and no points on my license!"Martin is an excellent lawyer. I had a hearing for a cell phone ticket that I forgot about. I called him 1 day before and Martin attended the hearing the following day in my absence and got me a No Guilty Fee! Resulting in no fine and more importantly - no points on my license!John
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"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
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