Refusal Hearings

Long Island-New York City DWI/DUI Attorneys

How you lose even when you win

As you will quickly learn, there is no such thing as a simple DWI/DUI case. Being arrested for drunk driving can result in criminal charges, DMV license suspension, and seizure of your vehicle.

Trust in the aggressive and experienced criminal defense lawyers at Grunwald & Seman, P.C. Our lawyers are highly responsive to your needs and are prepared to provide you with the zealous defense you deserve.

Don't Delay, Call Today: (800) 399-7098.

Imagine for a moment that you are not guilty of 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. You lose even when you won.

Under the law in New York State, every motorist is presumed to consent to provide a sample of blood, saliva, breath, or urine so that blood alcohol content can be measured. This is called BAC, and is the reading or test result which 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. Therefore, if you refuse to cooperate and consent to 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 challenge the refusal. It will be determined whether the police fairly advised that if you refused to take the BAC test, your license would be revoked for a minimum of 6 months. Additionally, it will be determined if the police had reasonable or probable cause to suspect you were driving while drunk or impaired by drugs.

The opportunity for an experienced DWI/DUI criminal defense attorney to appear with you and defend you at this BAC Chemical Testing Hearing is critical.

Many times if you win the hearing you will be more likely to have the criminal charges reduced or dismissed.

• Do not hire an attorney to defend you unless they fully understand the importance of this DMV hearing.
• Insist that you are protected, represented, and defended at the DMV chemical test hearing.

Don’t Delay, Call Today: (800) 399-7098

Having an experienced lawyer on your side is very important. Our criminal defense lawyers are skilled former prosecutors with over 20 years of experience practicing law. Contact our New York City law firm to consult with an aggressive DWI defense attorney.