The 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.