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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This was my first time hiring an attorney for a ticket. I had a ticket for speeding in a school zone and was in jeopardy of having my license suspended. Martin was honest, clear and available. He just communicated with me and shared I was found not guilty!!! So grateful and thankful for Martin and his team!Satisfied Client
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I owe Marty a debt of gratitude for the way in which he counseled me on traffic tickets and what to do in court. I would give Marty my highest recommendation. He REALLY knows his stuff. Do hire him with confidence. While I hope I never need him again I rest a little easier knowing that I have him by my side. Thanks, Marty.Rand
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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
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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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I received a ticket for driving with an expired license and thought I'd go to court myself without consulting an attorney. However, last minute, a friend recommended Mr. Kron. Without much notice, I received invaluable advice on my case which spanned both NY and NJ traffic laws. Instead of having my license suspended, I received a minimal fine. I would highly recommend Mr. Kron He is extremely knowledgeable and professional and I'm very grateful I did not go at it alone.Talia
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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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Marty met me 15 minutes before court was due to start exactly as we agreed. He spoke to the prosecutor and as indicated in the title, cut the points on my two tickets from 8 to 2, reduced my fines by a third, and we were out of court in 45 minutes. Had they started on time it would have been only 30 minutes instead of the hours it might have been with all the people that showed up. We were up first and out first. I bet he was there quite a bit earlier than I was to accomplish this feat.Jeff
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Mr. Martin A. Kron is a knowledgeable, professional, effective and caring Attorney. And finding this combination is very rare. He treats you like a client, but he also treats you like family. I have gotten speeding tickets in the past and handled them myself. But this was a DWI Ticket (and a careless driving ticket) and I was petrified. I found Mr. Martin Kron, and he was wonderful. He believed what I had to say, he walked me through the process, and he even gave me his cell number and home email so that I could contact him any time I felt scared or confused. The first court date was just to enter the plea. Mr. Kron spoke with the Prosecutor prior to the second court appearance and we were hoping that based on the evidence, the Prosecutor would dismiss the tickets. No such luck. I think the Prosecutor wanted another "win" in his column, and I was going to be it. Mr. Kron presented our case and the Prosecutor presented why he had grounds to proceed to trial. But Mr. Kron professionally stood his ground and the 2 tickets were dismissed that day! I couldn't more highly recommend an attorney! Mr. Kron is wonderful!Eileen
What Sets Us Apart?
We Put the Needs of Our Clients First
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