NEW JERSEY CRIMINAL LAWYERS

New York DWI Refusal Hearing

Protecting Your Rights: The Importance of A New York DWI Refusal Hearing Lawyer

Introduction

A DWI refusal hearing is a necessary legal process that takes place when a driver during a DWI arrest declines to take a chemical or breathalyzer test. The laws in New York relating to driving while intoxicated are strict and come with serious consequences. If you refuse the breathalyzer test, your license will be suspended for at least one year, and you may also face criminal charges.

Why Hire A Lawyer?

In order to represent you effectively throughout the entire process, it’s crucial to have an experienced DWI lawyer  who has knowledge and expertise in evaluating the evidence presented against you. They can also identify any flaws in the prosecution’s case that work in your favor. With their help, you are guaranteed that your rights are protected throughout the entire process, and you get more guidance on how to navigate the complex DWI laws of New York.

The Consequences of Refusing a Breath Test in New York

The failure to take a breath test in New York leads to the “refusal hearing,” which automatically leads to immediate license suspension. You only have 15 days from the arrest date to request for this hearing; otherwise, your right to challenge this suspension becomes invalid. The penalties imposed on anyone refusing breath tests while driving under influence include:

-For first offenders- One-year license suspension
-For second-time offenders- An 18-month license suspension
-For commercial drivers’ license holders- An 18-month license suspension
-$750 civil penalty fine
-Possible criminal charges

Challenging The Suspension

The submission of lawyer’s request for a refusal hearing is necessary if challenging suspension is desired – It offers opportunity provided by law for drivers whose licenses have been suspended following their refusal of taking alcohol level test upon being stopped and arrested. During this judicial procedure, it’s the duty of the prosecutor to provide proof confirming that the officer that arrested you had solid sufficient reasons for doing so, your knowledge of the consequences of failing to take a breath test was appropriately communicated and you still refused to comply.

It’s worth noting that if you were pulled over illegally or if police officers failed to follow standard procedures when administering breathalyzer tests during your arrest, your attorney can argue that all evidence against you should be suppressed. If this argument is successful, it usually leads to a complete dismissal or reduction of charges.

Conclusion

The DWI refusal hearing process plays an essential role in upholding driver’s rights in New York. In order to aggressively defend your license and future effectively, it is necessary to hire a seasoned DWI lawyer.  Such professionals have vast experience in providing legal representation in DWI cases and will ensure the possible outcome for your situation while during this complicated legal process. Make sure to reach out to one today for more information.