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
-
"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
-
"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
-
"No points and no suspension."Mr. Kron got my driving with a suspended license dropped down to a charge that carried no points and no suspension. Can't thank him enough for the excellent work he did.Jason
-
"He didn't have to talk to me on his weekend but he did."
I Hired Martin to help resolve 2 tickets I received for improper use of a cellphone. Martin listened to my story and was very honest and said I would lose the case unless I could prove it was a dire emergency. Martin explained how the process worked and that there was no ability to plea the tickets down. He explained points of law and how his firm would represent me in the cases. He did this during a Sunday morning while with his family. I was very impressed with his dedication to my cases. He didn't have to talk to me on his weekend but he did. Very classy.
By the way, he won the first case for me! Second is pending. But regardless of the outcome, I know he is working hard to represent my case properly. Thanks for everything
Rob -
"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
-
"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 -
"Most impressed by their availability to respond to me."I'm glad I choose this lawyer. His professionalism and his ability to follow things up impressed me. There was always someone in the office to respond to my phone calls. Finally, they had my file up to date. I won my case, but beyond everything, I was most impressed by their availability to respond to me. Thanks!Vitalis
-
"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
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