Refusal Hearings
If your DWI/DUI and the charges are dismissed before trial or you are acquitted after trial, you will still lose your license for a minimum of six months if your refused the Chemical BAC Test at the time of your arrest. You lose even when you win.
Under the law in New York State, every motorist is presumed to consent to provide a sample of one's blood, saliva, breath or urine so that blood alcohol content (BAC) can be measured. This "reading" or test result is used against you in the prosecution of the DWI/DUI case. Unless a serious injury or fatality is alleged, the Police and Courts will not restrain you and forcibly remove your bodily fluids for BAC testing. So if you decline a BAC test, it is called a Refusal.
The penalty is automatic license suspension pending a DMV Chemical Refusal Hearing. The DMV, not the criminal court, will offer you a hearing to determine whether:
- Police fairly advised you of the consequences for refusal (license revocation for a minimum of 6 months)
- Police had reasonable or probable cause to suspect you were driving while drunk or impaired by drugs
It is critical to retain an experienced DWI/DUI criminal defense attorney to appear with you and defend you at the BAC Chemical Testing Hearing. If you prevail at the hearing, it is more likely that the criminal charges will be reduced or dismissed.
