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
Recent Reviews
Read What Our Clients Have to Say
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"I received invaluable advice on my case."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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"Reduced my son's fine considerably."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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"Attentive, grade A service"
I recently retained Martin and his son Dan to handle a DUI for me as I was incredibly worried that one big mistake was going to haunt me for the rest of my life. I called multiple attorneys and though their fee was by no means the lowest it came in right around the middle of all the quotes I had received. What I felt I got from them was attentive and grade A service though. From the beginning, Dan was very reassuring and set me at ease. We discussed my case and came up with a plan for how we would proceed. Over the course of the multiple appearances that I had to make he was always there at the right time, saying the right thing, and in general acting like he had my back. In addition, whenever I called the office for updates his assistant was super helpful and whenever I spoke to him or Martin, they were super generous with their time. In the end, they obtained as good an outcome as I could have ever wished for! I am very grateful to all their hard work and the professional and friendly demeanor they maintained through this entire travail. I cannot recommend them enough!
Michael -
"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
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"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
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"Very easy to reach either him or his office."Martin is an excellent attorney. He got the results I needed and it was very easy to reach either him or his office. Martin will be the only red light/speeding attorney that I ever use.Satisfied Client
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"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
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"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
What Sets Us Apart?
We Put the Needs of Our Clients First
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Over 40 Years of Experience Handling Traffic Cases
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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
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In-Depth Understanding of New York & New Jersey Traffic Laws and How Points Transfer Across State Lines
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Fast, Reliable Communication Every Step of the Way