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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"If you need an Ace in the hole, he's your man!"Mr. Kron was on top of my case like an eagle in the treetops and kept me informed the entire time of every change as well as every possible outcome. His attention to detail, professionalism, and demeanor is UNMATCHED.Spiro
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"I would refer him to anyone, anytime for anything."I had 3 cell phone violations within 18 months, which by law subjects me to license suspension. Mr. Kron and I deferred our case 4 times which is the maximum. When we finally decided to plead me guilty, Mr. Kron did everything within his power to reason with the judge for leniency-and he succeeded!! I was found guilty, have to pay a fine, but will be able to keep on driving which is extremely important for me to maintain my lifestyle. Most importantly, during this process, I was a nervous wreck. Mr. Kron was immediate in his responses to my inquiries----almost replying to my texts before I hit send!! I cannot thank this man enough... I would refer him to anyone, anytime for anything. He did an absolutely wonderful job for me. One final thought. You know how you read about or see about everything else that works for other people but never works for you? This is a case where this guy was an angel and delivered me the best possible outcome. I am a very lucky man today because of Mr. Kron.Brian
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"Hire him with confidence."I owe Marty a debt of gratitude for the way in which he counseled me on traffic tickets and what to do in court. I would give Marty my highest recommendation. He REALLY knows his stuff. Do hire him with confidence. While I hope I never need him again I rest a little easier knowing that I have him by my side. Thanks, Marty.Rand
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"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
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"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
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"One week later my ticket was dismissed."Great decision+great attorney=great resultScott
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"He kept in touch to make sure my issue was completely resolved."Martin Kron was very patient, fair, and upfront during my interactions with him. I am currently out of the NY/NJ area, after a recent move. But needed someone to represent me for an issue with the DMV in NYS. He was realistic with timelines and was able to ultimately get my issue resolved before it affected my current state license. Can't thank him enough. After he resolved the issue in NYS, he kept in touch to make sure my issue was completely resolved in my new home state.Orlene
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"Very professional and quick."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.
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