11 Oct With regards with DWI, what is a refusal hearing and what happens there?
A refusal hearing is a hearing to determine whether or not you refused to submit to a breathalyzer or blood test or some type of urine or saliva test. Normally when police encounter you, you have the right to blow or not to blow at the same. If you were drinking, don’t blow. You’re gonna be taken in to the station house. The police are going to ask you again whether you wanna submit and or consent to a breathalyzer. If you were drinking don’t. What’s gonna happen is that your license will be suspended until you have an opportunity to have a refusal hearing.
A refusal hearing is usually handled within 5 to 10 business days after your initial court appearance. At that hearing, that hearing has nothing to do whether you were drinking or not. That hearing has to deal with whether or not the officer told you that if you refused to consent to a breathalyzer, that your license will be revoked under suspended for up to one year. That’s what the hearing is about not whether you’re guilty or not about drinking or driving but whether the officer told you about the collateral consequences for refusing to submit to a breathalyzer and what happens in New York state is if you lose your refusal hearing, your license will be revoked for 1 year.
This is a transcription of an interview with James Medows.