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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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Recent Reviews

Read What Our Clients Have to Say
    "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
    "One week later my ticket was dismissed."
    Great decision+great attorney=great result
    Scott
    "Martin is the perfect person for this job."

    As a former NYS Traffic Law Judge and having previously sat where the Judges before him now sit, Martin is the perfect person for this job. Besides a plethora of experience on and off the bench, he's kind and honest, he listens and is attentive to your concerns, is straightforward and most importantly, gives out reasonable expectations. He always returns phone calls in a timely manner and makes himself accessible even on weekends. And to top it off, he even has a sense of humor. Hope I never have to hire him again, but if the situation arises, he's my go-to guy!

    Margie
    "It's a relief knowing they are on my side."

    I am currently a client of Martin and his firm. They are a hard working firm and have been a pleasure to work with. I have spoken to several of them on the phone (sometimes on the weekend) and they have been nothing short of kind and generous. Their feedback and guidance thru emails and phone calls have been outstanding. It's a relief knowing they are on my side and doing everything they can to restore my driving privileges. Their attention to detail and enthusiasm in helping me is unlike no other firm I have dealt with. I would highly recommend them if you are in any sort of traffic violations.

    Sky
    "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
    "SAVED MY LICENSE"
    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
    "Awesome Law Firm!"
    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
    "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

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