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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"Most impressed by their availability to respond to me."I'm glad I choose this lawyer. His professionalism and his ability to follow things up impressed me. There was always someone in the office to respond to my phone calls. Finally, they had my file up to date. I won my case, but beyond everything, I was most impressed by their availability to respond to me. Thanks!Vitalis
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"If you need an Ace in the hole, he's your man!"Mr. Kron was on top of my case like an eagle in the treetops and kept me informed the entire time of every change as well as every possible outcome. His attention to detail, professionalism, and demeanor is UNMATCHED.Spiro
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"I felt I could rely on Mr. Martin."I would like to thank Mr. Martin for his quick and professional help! My traffic problem was resolved in the best possible way. I felt I could rely on Mr. Martin with my problems and was very secure regarding the outcome. It was a pleasure to work with and communicate. Thanks a lot for your help!Natalia
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"He went above and beyond."He went above and beyond. Martin's combination of experience, honesty, and positive demeanor helped me.Nick
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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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"Very easy to reach either him or his office."Martin is an excellent attorney. He got the results I needed and it was very easy to reach either him or his office. Martin will be the only red light/speeding attorney that I ever use.Satisfied Client
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"I will never deal with another attorney again."
I experienced a very difficult situation between the states of New York as well as New Jersey where I was potentially facing a 6-month suspension of my license. Aside from the fact that I live 6 hours from New Jersey, I was in dire need of professional expertise to ensure that my situation was handled as well as possible. I spoke with a number of attorney's and decided to hire Martin; and will never deal with another attorney again. Martin was extremely friendly, offered great advice and support and ultimately helped me to have all of the charges thrown out with my case being dropped.
As we all know, no one can promise or guarantee the same outcome. However, if you want the best chance to receive the best possible outcome, Martin Kron and his team are your only option.
Matt -
"No points and no suspension."Mr. Kron got my driving with a suspended license dropped down to a charge that carried no points and no suspension. Can't thank him enough for the excellent work he did.Jason
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