License Revocation Hearing
It is your right to refuse to take a DWI breath test. Doing so denies critical evidence to prosecutors, and is your best bet to avoid a criminal conviction for driving while intoxicated.
However, refusal does not come without penalties. New York State has “implied consent” laws, meaning that if you exercise your right to refuse a test, you face the civil penalty of having your license revoked for a year, or 18 months if there is a prior revocation for refusal. Before that happens, you will be afforded a DMV refusal hearing.
Manhattan License Revocation Hearing Lawyer
Act immediately if you’ve refused a breath test to preserve your license. Within 15 days of your arraignment, you will have a formal hearing to determine whether you should lose your license. A Manhattan DWI defense lawyer from Greco Neyland, PC can represent you at the DMV refusal hearing, challenging the grounds of your revocation and helping you keep your license. We can also represent you on the DWI criminal charges.
Call us today at (212) 951-1300 to schedule a free consultation with one of our attorneys. We assist people facing DWI license revocation in Manhattan and Brooklyn.
New York License Revocation Hearing Overview
Under New York Vehicle and Traffic Law (VTL) § 1194.2(a), every person who operates a motor vehicle in the state has given consent to a test of their blood, breath, urine or saliva to determine whether or not he or she is intoxicated.
However, you also have a constitutional guarantee of privacy and the freedom against self-incrimination. An officer cannot demand that you hand over your blood, your breath or anything else so that it can be used as evidence against you, unless they obtain a warrant.
Driver’s license revocation is a civil penalty for test refusals. When you refuse, your license is automatically suspended. If the Department of Motor Vehicles (DMV) determined police properly requested a test and you refused, it will revoke your license.
Revocation means you lose your license completely, as in it no longer exists. Upon the end of the revocation period, you will have to re-apply for a license. If your driving record is poor, you might be denied a license.
Within 15 days of arraignment, the DMV will hold a hearing to determine whether you were properly offered a breath test and whether you refused it. If you fail to show up at the hearing, you will lose by default, and your license will be revoked.
At the hearing, a hearing officer with the Department of Motor Vehicles (DMV) will consider the following issues:
- Whether police had reasonable grounds to suspect that you had been driving while intoxicated or under the influence;
- Whether police then made a lawful arrest;
- Whether police gave you sufficient warning, in clear and unequivocal language, prior to you refusing, that refusing to submit to a breath test would result in you losing your license, regardless of whether criminal charges are pursued against you; and
- Whether, after hearing all the above, you refused.
Finding the Best DWI Defense Attorney for a New York City DMV Hearing
An attorney from Greco Neyland, PC can represent you at the Department of Motor Vehicles (DMV) hearing. We can challenge the grounds on which the DMV is seeking to revoke your license. We will conduct a thorough investigation of your arrest and the circumstance around it, including a careful analysis of everything the officer said in regards to the breath test. If his or her words don’t meet the correct standard, you may be able to keep your license.
Call us today at (212) 951-1300 to set up a free consultation. As Manhattan DWI defense lawyers, we can represent you at the DMV hearing and any related criminal proceedings.