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Refused To Submit To A Breath Test Former Traffic Court Judge Fighting For You

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
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    "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
    "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
    "Mr. Martin A. Kron & Associates is very professional, direct, and responsive."
    Mr. Kron and his firm delivered results way beyond my expectations. Job well done and worth the money!!
    Elie
    "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
    "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
    "He kept in touch to make sure my issue was completely resolved."
    Martin Kron was very patient, fair, and upfront during my interactions with him. I am currently out of the NY/NJ area, after a recent move. But needed someone to represent me for an issue with the DMV in NYS. He was realistic with timelines and was able to ultimately get my issue resolved before it affected my current state license. Can't thank him enough. After he resolved the issue in NYS, he kept in touch to make sure my issue was completely resolved in my new home state.
    Orlene
    "I am so glad I chose his firm, his fee was well worth it."
    I am very happy with Mr. Kron's help. He had my ticket for driving with lapsed insurance in New Jersey (1st offense, no bad driving history) dismissed, all I had to pay were $33.00 in court fees. I am so glad I chose his firm, his fee was well worth it.
    Mariya
    "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

What Sets Us Apart?

We Put the Needs of Our Clients First
  • Over 40 Years of Experience Handling Traffic Cases
  • 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
  • In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
  • Fast, Reliable Communication Every Step of the Way