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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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Read What Our Clients Have to Say
    "The best decision I made."

    I highly recommend Martin Kron & Associates. I had a great experience. A good friend recommended me to Marty last year when I received a speeding ticket in NYC. Marty knows the process extremely well, listened & answered all of my questions, and ultimately got my ticket dismissed. In addition, during the past 20 months, when I had questions regarding the adjournments and processes, all of the people in his office were extremely responsive, professional and great at answering all of my questions. Before getting the referral to Marty, I called a few other traffic law firms that I found online to possibly handle the ticket. They all sounded like ticket factories with no real service and no real people behind you. Having Marty or one of his attorneys representing you in NYC traffic court was the best decision I made and is 100% the right answer. I got a great result and felt that I had the A-team on my side. If you get a traffic ticket in NYC, I would call Martin Kron...

    Eric
    "Trust me, he's your guy!!"
    I had a complicated situation with 3 tickets and was in danger of losing my licence. Martin negotiated with the prosecutor, got my tickets reduced and I was able to keep my license. If you have traffic tickets, trust me, he's your guy!!
    Satisfied Client
    "Martin and Vanessa are superlative professionals, and I can't recommend them highly enough!"
    Martin took on my case for a flat rate and guaranteed a full refund if he couldn't reverse the suspension. Three weeks later, my license was fully restored!
    John L.
    "Martin took care of two tickets that were worth 8 points on my license!"
    Martin and his team were so professional, attentive, and responsive. I recommend Martin 100%!! Thank you so much. Very very much appreciated.
    Christine
    "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
    "He went above and beyond."
    He went above and beyond. Martin's combination of experience, honesty, and positive demeanor helped me.
    Nick
    "So personable and nice."
    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
    "Mr. Kron is wonderful!"
    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
  • 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