DWI Test Refusal
If you are pulled over for DWI, there are a few tests that you may be asked to perform. These include more than the common field sobriety tests. If you do not take these, you can be charged with DWI test refusal.
Breath Test Refusal
New York is an implied consent state. If you are charged with a DWI or a DUI, which are essentially the same thing, and you refuse to take a breath test, the judge at your arraignment will suspend your driving privileges while the case is pending. There are conditional licenses and hardship licenses that we could talk about, but if there is a refusal, there are no hardship licenses. You will receive two dates; one to come back on your criminal case and another one to appear at the Department of Motor Vehicles for a refusal hearing. A chemical test refusal hearing will be held within 15 days of your arraignment in front of the judge.
Chemical Test Refusal
In New York, if you’re charged with a chemical test refusal, there will be a hearing that is held. You should attend that hearing because if you don’t you’ll have waived it and you lose. Very often a hearing is held and I’m present during those hearings and have the opportunity to cross examine the police officer. If the administrator of law judge finds you are responsible for that chemical test refusal that judge will recommend a suspension of at least one year and you’ll have a civil penalty of at least $500. You have the right to appeal that determination. I have done appeals for chemical test refusals.
One of the most critical things about the chemical test refusal appeal is that you must order the transcripts from the hearing and make sure that those transcripts get to the Department of Motor Vehicles Appeals Bureau. Furthermore, you must fill out a form and file that with the Department of Motor Vehicles Appeals Bureau so that they are aware you are appealing. One of the little known facts about the appeal process is that you are entitled to ask for a stay or a stoppage of the suspension that was just imposed upon you if you are found responsible for the chemical test refusal while the appeals process is going on. The other little known fact is that it only costs $10 to appeal a chemical test refusal hearing.
If you need a dependable and dedicated attorney to help safeguard you through the legal process after DWI test refusal, please call NYC DWI Attorney Carl Spector and schedule your free consultation.