Before you were charged with DWI, you were given the option to take a chemical test to determine your blood alcohol content (BAC). If you refused to submit to this test, you are subject to the suspension or revocation of your driver's license. In New York, the Department of Motor Vehicles schedules an administrative license hearing to determine whether or not your license should be suspended or revoked. At Greenspan & Greenspan, our attorneys defend people in administrative license hearings in addition to defending against DWI or DWAI charges. We provide a strategic, skilled defense in every case and will work to help you achieve a favorable result in each aspect of your case.
What Must the Police Show to Prove You Refused to Submit to a Test?
Administrative hearings before the DMV are civil proceedings and separate from your criminal charges. In order to show that you refused a chemical test, the state must show that the police had probable cause to stop your vehicle. In certain instances, such as when you were stopped at a sobriety checkpoint, it may be difficult for the state to prove it had probable cause to stop your vehicle.
In addition, the state must prove that you persistently refused to take a Breathalyzer test or other chemical test such as a blood or urine test. The state must also show that you understood the warnings. Many police officers will simply read the required information from a card. You may have signed or initialed something indicating that you understood the consequences of a refusal.
Our lawyers will look closely at the evidence against you and prepare the strongest possible case. If we cannot prevent the loss of your license, we will still raise every available defense in your criminal case.
We Will Fight for You in Your Administrative License Hearing
To discuss your administrative license hearing and the defense of your DWI charges, contact our office. Call our White Plains office at 914-290-4403, our New City office at 845-617-5404 or call toll free at 888-895-8231 to schedule a free phone consultation.
