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March 9, 2010

New York Driving While Intoxicated Cases Involving Refusal to Take The Test

By Michael H. Joseph

As a New York criminal defense lawyer who has handled many driving while intoxicated cases (DWI), Michael Joseph has seen numerous cases involving refusals to take the chemical test. New York has an implied consent law, which means that anyone who drives in the State of New York consents to take a chemical test to determine whether they are driving while intoxicated or under the influence of drugs.

If you refuse to take the test after being arrested for driving while intoxicated in New York, at your arraignment, your license will be suspended and you will be given a notice of a D.M.V. hearing to determine whether you knowingly refused to take a chemical test. In Westchester, these hearings are held in at the D.M.V. in Yonkers.

If the officer fails to attend the refusal hearing, your license will be reinstated and the hearing will be postponed.

Michael Joseph, a New York driving while intoxicated lawyer has won numerous refusal hearings. There are a number of criteria which must be established at the refusal hearing. For example, the police must prove that there was probable cause for the stop, that they read the refusal warnings, that you continued to refuse to take the test after the warnings were read. They must also establish that the refusal occurred within two hours of the stop.

If the police officer fails to establish any of these criteria, the hearing will be closed. If the officer establishes all of the criteria, your license will be revoked for one year.

In New York, the fact that you refused to take the examination can also be used against you in a trial for driving while intoxicated as evidence of consciousness of guilt.

If you are charged with driving while intoxicated in New York City, including the Bronx, Brooklyn, Queens, Manhattan, Westchester (including White Plains, New Rochelle, Yonkers, Mount Pleasant, Rye, Port Chester) , contact the New York driving while intoxicated (DWI) lawyers.

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