DWI / DUI arrests in New York can trigger two distinct and separate cases: the Criminal DWI / DUI case and the Department of Motor Vehicles (DMV) case. Both the Criminal DWI / DUI case and the DMV case should be handled by an experienced New York City DWI / DUI lawyer.
The Department of Motor Vehicles case is conducted at the local DMV traffic violations hearing office in front an administrative law judge. Drivers who refuse to submit to a chemical test have their driving privileges temporarily suspended at arraignment and are required to attend a scheduled DMV Refusal Hearing within 15 days of their arraignment. If the DMV fails to provide for such hearing within 15 days after the date of arraignment, the driver’s license, permit to drive or non-resident operating privileges will be reinstated pending a hearing.

The license suspensions imposed by the DMV if the driver doesn’t win at the hearing can be severe – for a first offense, the license is suspended for one year, with no opportunity to get a restricted license unless you are convicted (either through a plea or verdict) in the Criminal DWI / DUI case and are sentenced to participate in the Drinking Drivers Program (DDP).

Drivers are not required to be represented by counsel at the DMV refusal hearing, but a lawyer from our firm will appear at your refusal hearing. If a driver appears at the first scheduled refusal hearing and the arresting officer does not appear, the hearing will be adjourned and the temporary suspension of driving privileges will be terminated. If you fail to appear at your refusal hearing you waive your rights to a hearing on the matter and your license will be revoked. DMV matters are case and time sensitive, therefore, it is imperative to hire an experienced New York City DWI / DUI lawyer to defend your drunk driving case.

Lawers from the Law Offices of Adam D. Perlmutter have attending hundreds of refusal hearings and have great success in defending drivers at them. Often times our clients have busy schedules and cannot attend their refusal hearing. In that case, one of our lawyers may be able to appear at the refusal hearing on your behalf.

A skilled New York City DWI / DUI lawyer such as an attorney with the Law Offices of Adam D. Perlmutter knows that there are four critical issues to be determined at a DMV refusal hearing: (1) did the officer have a valid reason for stopping you; (2) did the officer have probably cause to arrest you for DWI / DUI; (3) did the officer give you proper warnings about taking a breath test; and (4) did you persistently, intelligently and knowingly refuse to take the test. Each of these issues must be carefully scrutinized and attacked in order to prevail at a DMV refusal hearing.
Refusal hearings are civil actions, not criminal actions. Therefore, there are less constitutional protections when it comes to the DMV. One of the major differences is that an officer does not even need to appear for the hearing to go forward and for your license to be revoked. This is why you should be represented by a lawyer who is knowledgeable with the DMV refusal hearing process.

The DMV process may seem biased against the driver, but drivers accused of drinking and driving can prevail at hearing by contacting a qualified New York DUI / DWI lawyer.