If you are arrested for Driving While Intoxicated (DWI) in New York and are accused of refusing to submit to a chemical breath, blood, urine, or saliva test, you may face more than just criminal charges. You may also be required to appear at a DMV Refusal Hearing, which is a separate administrative proceeding that determines whether your driver’s license should be revoked.
Many drivers are surprised to learn that the DMV refusal hearing is completely separate from the criminal DWI case.
What Is a DMV Refusal Hearing?
A DMV refusal hearing is conducted by the New York State Department of Motor Vehicles (DMV) after a person is accused of refusing a chemical test following a lawful DWI arrest.
The purpose of the hearing is not to determine whether you are guilty or innocent of DWI. Instead, the Administrative Law Judge decides whether the DMV has proven that your license should be revoked based on the alleged refusal. A notice should be sent to the motorist and motorist’s attorney with a date for this virtual proceeding. Failure to appear at this hearing may result in a default judgement and revocation of your driving privileges.
What Must the Officer Prove?
At the hearing, the arresting officer is required to appear and must establish several issues, including:
- That the traffic stop was a valid stop; that the officer had a valid reason to pull the motorist over in the first place.
- That the officer had probable cause for the arrest;
- There was a valid offer to submit to a chemical and/or breath test;
- That there was a valid refusal to take the chemical and/or breath test (refusal was knowing and voluntary)
If the officer establishes all of these elements, your driver’s license may be revoked, regardless of what happens in the criminal court case. The Administrative Judge at the DMV will make the determination if the refusal was valid after the officer testifies, and the motorist’s attorney has the ability to cross examine the officer on his testimony.
Is the DMV Hearing Separate From the Criminal Case?
Yes. A refusal hearing is an administrative proceeding, while your DWI case is handled in criminal court. Because they are separate proceedings, it is possible to prevail in one and not the other.
Evidence presented during the refusal hearing may also provide valuable insight into the officer’s testimony and the circumstances surrounding the arrest, making it an important part of many DWI cases.
Why Legal Representation Matters
The police officer is typically required to testify at the refusal hearing, giving your attorney an opportunity to question the officer about the traffic stop, the arrest, the refusal warnings, and the alleged refusal. This testimony can be valuable in evaluating both the DMV proceeding and the related criminal case.
An experienced DWI attorney can review the evidence, cross-examine witnesses, and identify legal issues that may affect your driving privileges and your criminal defense.
Charged With DWI and Accused of Refusing a Chemical Test?
If you have been charged with DWI and are facing a DMV refusal hearing, it is important to act quickly. These hearings can have serious consequences for your driving privileges, independent of the outcome of your criminal case.
We represent clients throughout New York in both criminal DWI proceedings and DMV refusal hearings. We carefully examine the evidence, challenge procedural errors where appropriate, and work to protect our clients’ rights at every stage of the case.
The Law Office of Siara Ossa PLLC
780 Long Beach Boulevard
Long Beach, New York 11561
(t):347-733-5612
siara@ossalawny.com