Criminal Defense
Attorneys for DWI and DUI in Nassau County and Suffolk County, NY
CONSEQUENCES
OF REFUSING TEST
In
order to get the Best DWI Representation it is Important to Hire a
DWI
Attorney that Concentrates his Practice in the Defense of DWI
Criminal Cases and DWI Criminal Trials. If you refused a test, you
need to speak to a DWI lawyer now!
The
Legislature of the State of NY has made the consequences of
refusing to submit to a chemical test severe.
If a motorist refuses to submit to a chemical test after being
arrested, upon his arraignment, his or her driver's license will be immediately
suspended by the court. The driver's license will remain suspended for 15
days or until the date of the DMV hearing, whichever comes first.
The failure of the driver to appear at the DMV hearing constitutes
a waiver and will result in revocation of the driver's license. For those motorists who
attend, the hearing is limited to the following four issues:
Whether the Police Officer had reasonable grounds to believe that the motorist was operating his vehicle in violation of any
subdivision of Article 1192;
Whether the
arrest of the motorist was lawful;
Whether the
motorist was given sufficient warning in clear and unequivocal
language prior to his refusal that his refusal to submit
to the chemical test or any portion thereof would result in the
immediate suspension or revocation of their license or privileges whether or not they were found guilty of the charge for which they were arrested;
Whether the motorist refused to submit to the chemical test.
If
the Administrative Law Judge presiding at the hearing finds that one
of the aforementioned was not established the motorist's license
would be reinstated. If the Administrative Law Judge finds that all four criteria have
been met, the motorist's license will be immediately revoked.
In addition to the revocation, which last for at least one year,
there is a civil penalty of $550.00 that is incurred. In those cases
where the motorist has a previous test refusal within five years of
the present test refusal or has been convicted previously within
five years on an unrelated violation of any subsection of 1192, the
minimum period of revocation is one year and the civil penalty is
increased to $750. These fines must be paid prior to the termination
of said revocation but are not required prior to obtaining a
conditional license if eligible.* Moreover, the revocation for a
refusal will not be terminated upon the successful completion of the
Drinking Driving Program.
The most severe sanction for a refusal is that the motorist will not
eligible to get a conditional license because the motorist will not
be eligible to attend the Drinking Driving Program (DDP). A
prerequisite for the DDP is that the motorist has a conviction of
any subdivision of Article 1192. That is the motorist must be first
convicted of DWI or DWAI in order to qualify for a conditional
license if there has been an adverse finding at the DMV refusal
hearing. A dismissal of the criminal charge or a plea to any other
charge outside Article 1192 will preclude the issuance of a
conditional license as the motorist will not be eligible to attend
the DDP.
Given the importance of the DMV hearing and severe consequences of
an adverse finding, it is imperative that the motorist retain
experienced counsel for DMV hearing as soon as possible.
*Operators with a commercial
driver's licenses or drivers operating commercial vehicles face stiffer penalties.
New York State DWI Defense Lawyers. Lawyers for a DWI criminal defense in NY, Nassau
County, Brooklyn, Queens, NYC and Suffolk County. WE ARE DWI DEFENSE ATTORNEYS. A FIRM OF EXPERIENCED DUI DEFENSE
LAWYERS. DUI DEFENSE COUNSEL. We do criminal defense as DUI attorneys. Full staff of DWI lawyers and dui
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