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Driver's License Refusal Hearings in Westchester County, NY

Legal Representation from a Westchester DWI Lawyer

Under state law, anyone in Westchester or elsewhere throughout New York who obtains a driver's license implicitly consents to submit to chemical testing in the course of a DWI investigation. Many people, however, are unaware of this implied consent and the consequences of a chemical test refusal, which can affect the entire criminal defense process.

Under most circumstances, it is highly advisable to exercise the right to remain silent and the right against unreasonable search and seizure, as well as the right to generally refuse cooperation with a police officer's attempts to gather evidence against you. In the context of a DWI investigation, however, refusal to submit to breath, blood or urine testing can actually make the situation worse.

What happens if I refuse a breath or blood test?

If you refuse to take a chemical test, your driver's license can be revoked for at least a year and you will be required to pay a $500 fine before you can restore your license. A second refusal within five years after a previous DWI charge or refusal can result in an 18-month revocation and a $750 penalty, while three or more refusals within 10 years can result in a permanent revocation of driving privileges.

Importance of the Refusal Hearing

The driver's license suspension for a chemical test refusal is imposed at the initial arraignment in criminal court, but you will also be given the opportunity to contest the suspension at a DMV hearing. The hearing is important not only because it allows you to fight to keep your license, but also because your Westchester criminal defense lawyer will have the chance to review the evidence which will eventually be used against you in criminal court by the prosecutor.

Contact The Law Offices of Robert Schuster as early as possible after your arrest to allow sufficient time to prepare your case and to learn more about what to expect during the process. Attorney Robert Schuster is recognized as one of the top 100 DWI attorneys in New York by the NAFDD and as a Top 10 DWI Lawyer in New York by the American Institute of DWI Attorneys, so you can trust him to provide the quality defense representation that you need.

Find out about the Schuster Guarantee