A QUEENS DWI Lawyer explains the law on refusing New York State DWI sobriety tests.

One of the most common questions the DWI lawyers in our office are asked is: What happens if I refuse to “blow” or take a Breathalyzer test?

In New York, it has been deemed that driving is not a right but rather a privilege. Because of this definition, when you accept a Driver’s License you consent to the rules that New York attaches to that license. One of those laws is that if you are stopped by a New York State law enforcement official you are required to subject yourself to the test. However, if you refuse to take a test it is not an admission of guilt and cannot be construed as one. The penalty that you risk is that the refusal can result in a Driver’s License revocation of a minimum of 12 months (commercial drivers get a year and a half.) In addition, there are fines of five hundred dollars for the reapplication of your driver’s license and five hundred and fifty dollars for commercial drivers. Moreover, if you have a prior conviction of a DWI related offense within 5 years of the current refusal, carries a mandatory 1-year revocation as well as $750.00 license application fee.

As you can see there are serious consequences to a DWI charge; both to your personal freedom as well as your right to drive in New York. Thus, you have the need for a serious and skilled Queens DWI Lawyer to protect and defend your interests. At Stephen Bilkis and Associated we provide that kind of criminal defense fighting your DWI / DWAI case in Queens Criminal Court as well as the Administrative DMV license hearing. Each Queens DWI Lawyer in our office stands ready to help you and the Law Firm offers a free consultation. You can call us at 1800 NY NY LAW and take advantage of this free consultation

If it is the first time that you refuse, your Queens DWI Lawyer will tell you that you are entitled to a refusal administrative hearing at the Queens DMV Procedurally, this it what happens in your DWI case. During your arraignment on the DWI charge the Judge will suspend your driver’s license because of the refusal. The suspension will stand pending a DMV hearing, which will be set down for the hearing within 15 days of the suspension. The DMV hearing is an administrative proceeding whereby the police testify to the events that surrounded your refusal. They have to prove they asked you to take the test and that you refused to take the test. They don’t have to prove that you were DWI. That is the issue in front of the Criminal Court. These hearings almost always fall on the side of the DMV. In fact there is low burden of proof for the DMV and if the Judge believes the police officer just a bit more than you, you lose.

There is always a bit of confusion as to the roles that the DV plays as well as the Criminal Court. They’re 2 separate and distinct cases. Your Queens DWI lawyer should advise you to distinguish between the Criminal charge and the Diver’s license issue. Each case is handled by a separate government departments. The Queens Criminal Court, which follows the Vehicle and Traffic Law, handles the DWI criminal case and it has the power to restrict, revoke or suspend your driver’s license and the power or incarceration, probation and fines.

The DMV has its own separate rules and regulations and its own power to restrict, suspend or revoke New York State Driver’s Licenses

Therefore, you need an experienced and skilled Queens DWI Lawyer who can help you with the DWI refusal hearing and the serious criminal charges to avoid your license suspension and a possible jail sentence. The Queens DWI Lawyers at Stephen Bilkis and Associates are available to speak to you about your DWI case and offer a free consultation. Call us to come in and talk about your case at 1800 NY NY LAW.