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Understanding the DMV refusal hearing after arrest

On Behalf of | Jun 22, 2023 | Dui

DMV refusal hearings are administrative proceedings held by the Department of Motor Vehicles (DMV) following a DUI (Driving Under the Influence) arrest. These are scheduled when a driver has refused to submit to a chemical test such as a breathalyzer or blood test. These hearings are separate from criminal charges and focus on suspending a driver’s license or revocation.

In New York, refusal to take a chemical test can result in an automatic license suspension or revocation, regardless of the criminal case’s outcome. DMV refusal hearings allow individuals to challenge the suspension or revocation and present evidence in their defense.

What to expect during the hearing

During the hearing, the DMV will review the circumstances surrounding the DUI arrest and refusal to test. It is essential to be prepared and have a strong defense strategy. Factors that may impact the outcome of the hearing include:

  • Validity of the initial traffic stop and arrest.
  • Law enforcement officers’ compliance with proper procedures.
  • Adequate warnings and explanations of the consequences of refusal.
  • Demonstrating any physical or mental conditions that may have affected the driver’s ability to comply.
  • Any other evidence that challenges the accuracy or validity of the refusal.

Prepare for various outcomes

The hearing outcome can vary, but possible results may include lifting the license suspension, a reduction in the length of the suspension or keeping the original suspension. Understanding each of the potential outcomes is important before the date of the hearing. 

DMV refusal hearings are crucial for individuals facing a license suspension or revocation following a DUI arrest where they refused chemical testing. Understanding the process, gathering evidence and knowing your rights greatly increases the chances of a favorable outcome in these hearings.