MAIN MENU
PRACTICE AREAS
Driving While Intoxicated (VTL 1192.2) Aggravated Driving while Intoxicated (VTL 1192.2 A) Driving While Impaired Due to Alcohol (VTL 1192.1) Driving While Impaired Due to Drugs (VTL 1192.4) Driving While Impaired Due to a combination of Drugs and Alcohol (VTL 1194.A) Felony DWI Leandras Law Refusals License Suspensions Ignition Interlock Underage Offenders Driver Assessment Fee Drinking Driving Program (DDP) Getting Your License Back Zero Tolerance Law New York DWI Blog DWI Attorneys - Interested In Joining? Home DWI Refusals Penalties Suspensions Hardship Hearings Leandras Law DWI Attorneys By County
Or call us
FOR A FREE CONSULTATION
HNC Communications, Inc.
1325 Franklin Avenue, Ste 255
Garden City, NY 11530
(516) 778-2600
HNCcommunications@Gmail.com

DWI Refusal

In New York, you can be charged with driving while intoxicated even when you do not submit to a breath test. This is known as a refusal.  Here the officer will allege you were driving while intoxicated based on other factors such as slurred speech, blood shot eyes and the smell of alcohol on your breath. If it is alleged you refused to take a chemical test, the court will suspend your license at arraignment, pending a refusal hearing. The refusal hearing is conducted at the local DMV, not at the court where the drunk driving charge is pending. Should you lose the refusal hearing or fail to show for the hearing, your license will be revoked for a minimum 6 months, or 1 year for those under the age of 21 and DMV will impose a civil penalty of at least $500.00.