Refusing the Breath Test in New York State after a DWI arrest can cause serious licensing sanctions. Attorney Chris Brown, an experienced NY State DWI Lawyer, can help you protect your rights through the court processes.
Under New York State Law you essentially agree to take the breath test by simply driving on public streets. Therefore, anyone who operates a motor vehicle in NY must provide a sample their blood, breath, or urine if you the police suspect you are driving under the influence. This is called New York’s “implied consent” law.
After the arrest and an alleged refusal the Court will hold an arraignment and schedule a DMV “Refusal Hearing” within 15 days. At this point, the Judge is required to suspend your license pending the outcome of the hearing.
The Refusal hearing takes place and with a presiding Judge sent from the New York State DMV. The arresting officer will testify and the Judge will determine if the arrest was illegal, and if you knowingly and voluntarily refused the breath, blood, or urine test.
If the driver loses at the Refusal Hearing, the DMV will revoke the driver’s license for at least one year. In addition, the driver will have to pay hundreds of dollars in fines. These penalties are increased if the driver has already been convicted of a DWI.
It is very important to show up to the refusal hearing. Participating in the refusal hearing is a valuable right that should not be waived. At the hearing, you can raise a number of arguments that may be applicable in your case. For example, the New York Supreme Court has held that blood may not be taken for drunk driving purposes without a warrant. As a result, if blood was taken without a warrant, you may be able to get the case dismissed. We can examine your case and identify any and all potential concerns that need to be raised at the hearing.
This Refusal Hearing is very important because your driver’s license is on the line. In addition, it is typically the first opportunity in your case to cross-examine the arresting officer and find potential weaknesses in the case.
If you charged with DWI in New York State you deserve the representation. Attorney Chris Brown is an experienced DWI Lawyer and Personal Injury lawyer with Offices in Binghamton, New York. Chris Brown represents good people who have been charged with offenses throughout Upstate, NY. Contact us today at (607) 988-3131 to see how we can help you win your case.