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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"He went above and beyond."He went above and beyond. Martin's combination of experience, honesty, and positive demeanor helped me.Nick
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"The judges in the courts we were in knew who he was and liked him."Martin Kron and his office did a wonderful job helping me with traffic tickets that were more than 3 years old!!! The judges in the courts we were in knew who he was and liked him and his professionalism. His associates in his office were very very nice, timely and helpful. He was always reachable and actually made the experiment fun... I was worried I would have to pay high fines because I had not done anything about these tickets for so many years, but because of Martin and his relationships with the courts, I really got great fines with no points added to my license!!! I forwarded his information to several of my friends because we finished so quickly. I would refer him again at any time.Darra
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"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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"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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"Exceeds excellence!!"The team at Martin A. Kron exceeds excellence!!! Thank you so much, Naomi, for helping me in my situation concerning my DMV case! You're the best!!!Viana
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"Honest with regards to the whole matter and never gave me a false sense of security"I would like to personally thank Mr. Martin Kron for his help in getting a no left turn moving violation dismissed. I had a clean driving record with no moving violation and after speaking with Mr. Kron he made no guarantees and was honest with regards to the whole matter and never gave me a false sense of security as to what the final turn out would be. He said he would only do his best and I gave him my case. I was extremely worried because it was an injustice based on the circumstances and Mr. Kron was able to get the moving violation to dismiss and I thank him very much. I recommend Mr. Kron for traffic violations without hesitation, and again I say "Thank You" Mr. Kron.Irving
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"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
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"He did the IMPOSSIBLE!"I almost never write reviews, but he did the impossible today which warrants a review.Phil
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