
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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Had a serious criminal matter, attorney helped me get it reduced to just a fine and NO CRIMINAL RECORD!!!!! So happy saved my life and job! Also had a traffic ticket DISMISSED. Reasonable prices too ……never charged me and we had to go to court at least a dozen times.Chris
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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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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
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When I called the Firm I was very hesitant in even hiring an attorney but after speaking with the attorney I felt very comfortable in my decision in hiring an attorney. I had a reckless driving summons in NY and the attorney Lindsay Kron met me at court. She was so personable and nice. She was able to have my summons reduced to a no point no criminal violation with a minimal fine. This Firm is amazing and did a great job. I would definitely recommend them in the future.Rachel
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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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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
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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'm happy to say today my wife was able to finally get her new license plates for NJ after the NY suspension was completely wiped from her record. Amazing turnaround. I like their no-nonsense approach.Eric D.


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