Anyone arrested for Driving While Intoxicated in New York should be offered an opportunity to submit to a chemical test of their blood, breath or urine. If an offender refuses the chemical test in New York their license may be revoked for a period of one year regardless of whether or not they are ultimately convicted of DWI (Driving While Intoxicated) or DWAI (Driving While Ability Impaired). Due process requires that before your license can be revoked for one year, a hearing must be held to determine whether or not you refused to submit to a chemical test. Experienced criminal defense lawyers who handle DWI cases are aware of the value of these hearings to their clients.
A New York, DWI refusal hearing is conducted by a DMV (Department of Motor Vehicles) administrative law judge who must find that several factors occurred:
1. That there was reasonable cause (probable cause) for your arrest for DWI, DWAI or any violation of section 1192 of the Vehicle and Traffic Law,