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.