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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"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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"Reduced my son's fine considerably."My son and I consulted with Martin for a traffic violation that was received in the Bronx in 2016. His knowledge reduced my son's fine considerably as well as helped him shed points in an efficient manner. We would recommend him for hire.Paul
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"He didn't have to talk to me on his weekend but he did."
I Hired Martin to help resolve 2 tickets I received for improper use of a cellphone. Martin listened to my story and was very honest and said I would lose the case unless I could prove it was a dire emergency. Martin explained how the process worked and that there was no ability to plea the tickets down. He explained points of law and how his firm would represent me in the cases. He did this during a Sunday morning while with his family. I was very impressed with his dedication to my cases. He didn't have to talk to me on his weekend but he did. Very classy.
By the way, he won the first case for me! Second is pending. But regardless of the outcome, I know he is working hard to represent my case properly. Thanks for everything
Rob -
"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 -
"I would refer him to anyone, anytime for anything."I had 3 cell phone violations within 18 months, which by law subjects me to license suspension. Mr. Kron and I deferred our case 4 times which is the maximum. When we finally decided to plead me guilty, Mr. Kron did everything within his power to reason with the judge for leniency-and he succeeded!! I was found guilty, have to pay a fine, but will be able to keep on driving which is extremely important for me to maintain my lifestyle. Most importantly, during this process, I was a nervous wreck. Mr. Kron was immediate in his responses to my inquiries----almost replying to my texts before I hit send!! I cannot thank this man enough... I would refer him to anyone, anytime for anything. He did an absolutely wonderful job for me. One final thought. You know how you read about or see about everything else that works for other people but never works for you? This is a case where this guy was an angel and delivered me the best possible outcome. I am a very lucky man today because of Mr. Kron.Brian
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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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"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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"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
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