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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 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
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Recent Reviews

Read What Our Clients Have to Say
    "I was out of the court in 20 minutes."
    Marty is a professional, and a very caring person. Recently on my way to daughters graduation, I entered HOV lane at GW Bridge. On his advise I pleaded guilty but the points were waived. He met me at the court and we went before the judge right away and I was out of the court in 20 minutes.
    Satisfied Client
    "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
    "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
    "No fine and no points on my license!"
    Martin is an excellent lawyer. I had a hearing for a cell phone ticket that I forgot about. I called him 1 day before and Martin attended the hearing the following day in my absence and got me a No Guilty Fee! Resulting in no fine and more importantly - no points on my license!
    John
    "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
    "BEST DEAL IN NYC!!!"
    Had tons of old traffic tickets in NYC. Mr. Kron got them reopened and thrown out. I got emails all the time telling what was going on but I never had to appear.
    Jack
    "Excellent Service!"
    Once I called Mr. Kron's office, all of my issues were resolved. He took the time to review my case and recommend the best solutions for me; even from a financial perspective. I will recommend him to ANYONE who requests legal aid in his coverage area and will be calling him again if I find myself in another bind.
    Kevin
    "Got me a great outcome!!"
    Just found out that my careless driving and my 10 over speed were both dismissed! I was freaked out since I drive commercially and can't have points on my license! I am so happy that the lawyers at MAK were able to take my case and get me a great outcome!!!!! In the past I hired another traffic attorney and all he did was take my money and I still got found guilty. Martin cost a little more but he was well worth it cuz we won!
    Guillermo

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