New York DWI Lawyer Discusses a Chemical Test Refusal
Many times as an experienced New York DWI Lawyer, I get asked what can happen if you refuse a breath test or a chemical test. In the State of New York, if you’re charged with a DWI or DUI and there’s a refusal, first of all there’s one element of whether or not there was a refusal at all. If the police charge you with having refused, in the outer boroughs, up in Rockingham County or Orange County they’ll give you a summons for it. In the City of New York, there is not a separate summons for it because it’s not a criminal offense. It is prosecuted at the Department of Motor Vehicles. There’s something called a chemical test refusal hearing. That hearing will be held within 15 days of your arraignment, which is when you first appear in front of a judge.
Very often at that first appearance you appear and the police office does not appear and there is no hearing that’s held. If the police officer does not appear at that first appearance, your case does not get dismissed. However, if you have no other suspensions for any other reason, the judge or the administrative law judge actually, will reinstate your privileges to drive in the State whether you are an in-state driver or an out-of-state driver. Then the case will be rescheduled. You won’t know what the new date is at the time that you appear. It goes to Albany and takes approximately six to ten months for a new hearing to be generated. During all of that time, you’re fighting your criminal case. You have to manage, with your New York DWI Lawyer, both those cases at the same time. Be aware that the Department of Motor Vehicle case is a civil case. It doesn’t have the same rules as a criminal case. However, there are serious consequences to being found responsible for a chemical test refusal such as penalties, fines, and suspensions of your driving privileges. Those chemical test refusal hearings should be taking seriously.
If you have been charged with a Chemical Test Refusal in New York, contact experienced New York DWI Lawyer Carl Spector to defend you.