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License Revocation Hearings

After your arrest for DWI involving a refusal to take a breath test, urine test or blood test, you must act quickly to protect your driving privileges during the license revocation hearing (often called the "Chemical Testing Refusal Hearing").

At the refusal hearing, the arresting officer will submit a refusal report which alleges the basis for the stop. The report almost always alleges that the driver was unsteady on his or her feet, had bloodshot or watery eyes, slurred speech and a strong odor of alcoholic beverage on his or her breath. The officer will allege that you refused chemical test after being read the implied consent warning.

Long Island License Revocation Hearings Lawyer

If you were arrested for a DWI refusal case in Long Island, contact an experienced DUI attorney at The Law Office of Stephanie Selloni. We fight DWI cases in Nassau County, Suffolk County, Garden City, Mineola, Floral Park, and the surrounding areas. We can help you fight all aspects of the DWI case from the refusal hearing to the criminal case. Call us today at 516-972-1212 for a free consultation to discuss the best defense.


Overview on License Revocation Hearings in New York


What is the Chemical Testing Refusal Hearing?

If you refused to submit to a breath, blood or urine test after your arrest for DWI in Nassau County, then the State of New York will begin a second civil proceeding against you to administratively suspend your driver's license. The hearing takes place with the Department of Motor Vehicles in an action that is separate and distinct from the criminal case.

The refusal hearing must be scheduled within 10 days of your arraignment. You will receive notice of the date and time for the refusal hearing. During the hearing, your attorney will receive copies of the evidence against you. Your attorney will cross-examine witnesses who testify against you and present evidence on your behalf. Often, the information gained during the refusal hearing becomes invaluable to the defense during the resolution of your criminal case.


What Constitutes a Refusal to Submit to Chemical Testing?

Under New York's Vehicle & Traffic Laws ("VTL") Section 1194(2)(a), evidence of a defendant's refusal to submit to a chemical test is generally admissible at trial if the following conditions are met:
  • the requests for the chemical breath or blood test was made within two hours of the arrest;
  • the defendant was given adequate warning of the consequences of the refusal as provide in VTL 1194(2)(a);
  • the defendant persisted in his or her right to refuse the chemical test;
  • the persistent refusal can be demonstrated by the defendant's verbal responses or observed conduct; and
  • the failure to register a sample (by not blowing a sufficient volume of air into the machine) is the result of defendant's action and not of the machine's inability to register the sample.

Issues for the Refusal Hearing

Issues that can be raised at the chemical test refusal hearing can include, but are not limited to, the following:
  • did the arresting officer have a lawful basis to conduct the stop of the vehicle and continue to detain you after the stop;
  • did the arresting officer have reasonable grounds to believe that you were impaired or intoxicated by alcoholic beverages or any chemical or controlled substance;
  • did the officer ask you to submit to a breath, blood or urine test in excess of two hours after the arrest in violation of V.T.L. ยง 1194(2)(a);
  • did the arresting officer fail to provide clear and unambiguous implied consent warnings;
  • did you give persistent refusal to submit to chemical testing by refusing after being given at least two opportunities to submit to the chemical test, at least one of which took place after you were advised of the sanctions for refusal; and
  • were you unable to voluntarily consent to the test because of a language barrier or some other problem beyond your control

Finding an Attorney to Fight the DWI Refusal Hearing in Nassau County

If you were arrested for DUI and refused to submit to testing then contact an attorney experienced in fighting all aspects of your case. Call the Law Office of Stephanie Selloni to discuss your case today. Important evidence is gathered during the DWI refusal hearing. Whether your DWI case is pending in Garden City, Mineola, Hempstead, Floral Park, Westbury, or anywhere else in Long Island, contact us today at 516-972-1212 to schedule your free consultation.