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DWI Hearings

Rockland County DWI Attorney

If you are stopped by a police officer on suspicion of drunk driving or drug-impaired driving, you may be asked to take a chemical test, consisting of a breath or blood test. Part of being issued a driver's license in New York is your implied consent to submit to a chemical test. During your first Court appearance, known as the arraignment, if you are alleged to have refused to submit to a chemical test, you will be directed to appear at a chemical test refusal hearing at the New York State DMV. As a Rockland County DWI lawyer, I can represent you at the Refusal Hearing as well as in any criminal court proceeding.

The chemical test refusal hearing is an administrative hearing before a DMV administrative judge to address the issue of whether or not you actually refused to take the chemical test. This hearing will take place within 15 days of your arraignment and is a separate proceeding apart from any criminal charges you may face. During the time in which you are waiting for this hearing, you will not be able to drive. Your driver's license will be confiscated by the Court at the arraignment and you will not be eligible for a conditional license or hardship license.

At the DMV Refusal Hearing, the administrative judge will decide if you are guilty of refusing a breath or blood test. It is in your best interests to have a skilled and experienced attorney representing you to protect your rights. The arresting officer will present his evidence to the judge as to your refusal. Your attorney can cross-examine the officer about your alleged refusal and other circumstances surrounding the arrest. All of this can be helpful evidence if you wish to fight the charges in criminal court. If you are found guilty of refusing to take the test, however, your license will be revoked by the DMV for one year and you will be subjected to a civil penalty of $500.00. Repeat offenses of refusing a chemical test will result in stiffer penalties.

In any DWI or DWAI case in Rockland County, if you wish to avoid a conviction or minimize the negative consequences of one, it is essential that you contact me as a Rockland County DWI attorney. I will work tenaciously to help you secure the most positive outcome available to you.

Contact the Rockland County DWI Lawyer at the firm today if you need assistance with a DWI Hearing in Rockland County.

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