New York DWI Attorney Discusses What Happens at a Chemical Test Refusal Hearing
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 as your New York DWI Attorney, 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.
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. I advise clients as a New York DWI Attorney that 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.