 Under New York State law, a motorist is required to give his/her consent to a chemical test (breathalyzer) in order to determine their blood alcohol level if the police officer has probable cause to make such a request. Chemical tests are usually given in the form of a breath test or a urine test. In motor vehicle accidents involving fatalities, blood tests can also be ordered. If a motorist refuses a chemical test during a DWI arrest, his/her license will be suspended immediately at arraignment, and the motorist will be ordered to appear before a DMV administrative hearing within 14 days. These hearings are heard before an Administrative Law Judge (ALJ) and are entirely separate from the criminal proceedings.
If the ALJ find that the motorist refused a valid chemical test request, then the motorist's license will be revoked for a period of at least one year and be subjected to a $500 fine (1st offense). Depending on the facts and circumstances of your arrest you may be able to fight these charges and protect your license. In any event, it is always recommended that motorists fight these charges with an experienced DWI attorney, as it provides an opportunity to cross-examine the arresting police officer under oath at a very early stage of your case. If there are any discrepencies in the officer's testimony at the refusal hearing, they could prove very useful at a subsequent criminal trial. For more information about fighting a chemical test refusal hearing contact our office today for a free consultation. |
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