DMV Refusal Hearings

If you are stopped on suspicion of driving while intoxicated (DWI) in New York State, you will be asked to take a breathalyzer test. Under New York State law, driving is a privilege and not a right. In order to keep your driver's license, you must take a breathalyzer test if you are pulled over and asked to do so or you will risk suspension or revocation of your driver's license.

Refusal to take a breathalyzer test sets in motion a chain of events that can lead to the loss of your driving privileges within the state. Some important things you should know about this process include:

  • You are entitled to a DMV hearing where it will be determined whether or not you were justified in refusing to take the breathalyzer test.
  • The state must hold this refusal hearing within 14 days of your arrest.
  • You can have a lawyer represent you at this hearing.
  • If the hearing is not held within this time limitation, your driving privileges will be restored to you pending a future safety hearing.
  • If you are convicted of refusing to submit to a breathalyzer test, your license will be suspended for one year (in New York state).
  • To complicate matters, if you are convicted of a DWI that is your first offense and there was no accident involved, you revocation period would be six months. This does not run concurrently (at the same time) as any revocation that stems from a refusal hearing.
  • Being convicted of refusal to take a breathalyzer test means that you are not entitled to a conditional license – pending the outcome of your case.
  • Even if your DWI case is dismissed, if you are convicted of refusing to submit to a breathalyzer test you cannot obtain a conditional license and still must serve the entire one year period without a license.

Those who have had their licenses suspended in a refusal hearing or from any other offense should not drive. If you drive while your license is revoked or suspended and you receive a summons, you will be arrested for aggravated unlicensed operation – an offense than can, in certain circumstances, carry a jail term of more than one year.

How Do I Retain Karen Friedman's Services?

To find out how attorney Karen Friedman can use her more than 25 years of experience to help you seek a favorable resolution to your DMV refusal hearing, contact her online or call 212-213-2145.

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