New York DWI Lawyer Blog
If you were pulled over on suspicion of drinking and driving, and you refused to submit to a chemical test, you may face serious consequences. At the Law Office of Mark A. Siesel, our New York DWI defense team understands how to handle refusal hearings and protect your rights at every step of the way.
New York State’s Vehicle and Traffic Law requires any person who operates a motor vehicle to take a blood, breath, urine, or saliva test to help law enforcement determine the alcohol or drug content in the person’s blood. In other words, under New York’s “implied consent” law, a driver who is arrested for an alcohol-related offense must submit to a chemical test.
If you are pulled over for a DWI in New York, and you refuse to take a breathalyzer test or chemical test, you may be subject to a DWI refusal hearing. Put another way, you can refuse to take a breathalyzer test, but there will be consequences. If a driver refuses to submit to a chemical test, he or she must be given a specific refusal warning.
A refusal to submit to a chemical test can have serious negative consequences. The license of a driver accused of an alcohol-related driving offense will automatically be suspended at the driver’s Criminal Court arraignment, pending the outcome of a “Refusal Hearing” conducted by the Department of Motor Vehicles (DMV). If the driver loses at the Refusal Hearing, the DMV will revoke the driver’s license for at least one year. In addition, the driver will have to pay hundreds of dollars in fines. These penalties are increased if the driver has already been convicted of a DWI.
It is very important to show up to the refusal hearing. Participating in the refusal hearing is a valuable right that should not be waived. At the hearing, you can raise a number of arguments that may be applicable in your case. For example, the New York Supreme Court has held that blood may not be taken for drunk driving purposes without a warrant. As a result, if blood was taken without a warrant, you may be able to get the case dismissed. We can examine your case and identify any and all potential concerns that need to be raised at the hearing.
The hearing also provides a vital opportunity to cross-examine the arresting officer. You will win a refusal hearing in New York if the police fail to meet their burden of proving the elements necessary to revoke the license, and the matter is dismissed by the DMV administrative law judge.
If you were stopped by the police, and you refused to provide a breath sample, you need to reach out to an experienced New York DWI attorney who can help. At the Law Office of Mark A. Siesel, we are committed to providing aggressive representation to our clients at every step of the way. Not only do we take refusal hearings seriously, but also we are prepared to vigorously challenge the officer’s account of the circumstances surrounding the arrest. To speak to us in more detail about your case, call us at 914-428-7386 or contact us online.
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