A NY DWI Lawyer explains the law on refusing NY State DWI sobriety tests.

One of the most common questions our DWI lawyers in our office get is asked is what happens if I refuse to “blow” or take a breathalyzer test?

In NY, 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 NY 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 driver’s 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 has a mandatory 1-year revocation as well as $750.00 license application fee.

As you can see there are serious consequences to DWI charge both to your personal freedom as well as your right to drive in NY. Thus, you have to fill an important the need for a serious and skilled NY DWI Lawyer to protect and defend your interests. At Stephen Bilkis and Associates we provide that kind of criminal defense fighting your DWI / DWAI case in Criminal Court as well as the Administrative DMV license hearing. Each 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 NY DWI Lawyer will tell you are entitled to a refusal administrative hearing at the NY 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 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 DMV plays as well as the Criminal Court. There are 2 separate and distinct cases. Your 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 New York Criminal Court, which follows the Criminal procedure Law, handles the 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 NY DWI Lawyer who can help you with the DWI refusal hearing and the serious criminal charges to avoid your license suspension and possible jail. The NY 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.