DMV refusal hearing takes place if someone is arrested for a
DWI and refused to perform a chemical test. The state of New York requires
a person operating a vehicle to give consent to a chemical test, whether
a breath, blood, urine or saliva test. This is to determine a Blood Alcohol
Content (BAC) level and if a defendant refuses, they may be facing a license
suspension or revocation. After being arrested you will be arraigned in
court, at the arraignment you will be made aware of the date and time
of your DMV refusal hearing. The hearing should be within 15 days of your
arraignment and will take place at the DMV office. It is beneficial to
have the assistance of a skilled
NYC criminal defense lawyer when at this hearing to best avoid a license revocation. This is the hearing
to determine the status of your driving privileges.
The issues touched at the hearing, include:
- If the arresting officer had reasonable grounds to suspect the defendant
of driving under the influence or with impaired ability
- If the arrest was lawful
- If the officer gave the defendant warning about the consequences of the
refusal before he or she refused the test
- If the defendant, after a lawful arrest with reasonable grounds and a sufficient
warning of the penalties, refused to perform a chemical test
This hearing is conducted by a DMV Administrative Law Judge that will render
a decision after looking at the evidence and the cross examination is
complete. If all four of the matters are proven affirmatively, the license
will be revoked. If evidence does not show all four factors to be true,
the suspension should be terminated.
For help challenging evidence and showing flaws in the performance of the
arresting officer, team up with a
NYC criminal attorney.
Call H. Benjamin Perez & Associates, P.C.!