The state of New York has an implied consent law, which means motorists are subject to a blood or breath test if police pull them over with probable cause. As the New York State Department of Motor Vehicles explains, drivers who refuse a BAC test face a license suspension and court arraignment.
If you are facing DWI charges in the state of New York, turn to Darren DeUrso, Attorney at Law. As a White Plains criminal attorney, Mr. DeUrso is well versed in the legal procedures following breath test refusals and failures, and he will fight aggressively to protect your rights. Call 914-772-8614 to schedule a consultation with DWI lawyer.
What Is a Refusal Hearing?
If police pull you over under suspicion of DWI in the state of New York and you refuse to take a BAC test, you will be subject to a refusal hearing. USAttorneys.com discusses why someone might refuse a breath or chemical test, but it is important to remember that there are legal consequences of doing so.
If you do not consent to the test, the officer will give you a Notice of Temporary Suspension and Notice of Hearing. The arresting office will fill out the initial report documenting your refusal, and then an Administrative Law Judge will oversee a refusal hearing to determine if the officer’s account is accurate.
When Is the Refusal Hearing?
Within 15 days of the alleged refusal, the New York DMV will schedule the refusal hearing. Between the traffic stop and the refusal hearing, you will face a license suspension, which could extend beyond the hearing, depending on your particular situation and the outcome of the hearing.
How Does the Hearing Affect the DWI Charges?
The refusal hearing is separate from the criminal case and does not occur in a criminal court. For that reason, there are certain criminal court proceedings that do not pertain to the refusal hearing. For example, in the refusal hearing, there is a lower standard of proof, and the statements that the arresting officer makes are admissible.
Like criminal court proceedings, though, if you fail to testify, the court may use that fact against you. If you do decide to testify, both the police officer and the Judge may question you; however, an attorney will not be representing the police officer, making the refusal hearing a prime opportunity for your DWI lawyer to cross examine him or her.
If the arresting officer does not appear for the first hearing, the judge will adjourn it and reschedule it for a later date, restoring your driving privileges in the meantime until the second hearing.
If you are facing a license suspension because of DWI charges, Darren DeUrso, Attorney at Law can help. A White Plains DWI lawyer with 25 years of experience, Darren DeUrso is skilled in defending clients who face criminal charges. Call 914-772-8614 today to schedule a consultation.