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Last Updated on: 16th December 2023, 12:51 am
WHAT IS A DWI REFUSAL HEARING
Regardless of whether it’s right or wrong, if you refuse to submit to a DWI chemical test, your license to drive in NY will be revoked for one year. Within 14 days of your arraignment, the DMV will schedule a refusal hearing. This is a separate hearing from your criminal case, and an Administrative Law Judge will be assigned to your case. At this DWI refusal hearing, the judge will make a determination on whether you knowingly refused or not. This is a serious matter – and you should not go alone. You should hire an NYC DWI refusal hearing attorney to help you.
SIGNIFICANCE OF REFUSAL HEARINGS
Distinct from a criminal case, or a misdemeanor case, a DWI refusal hearing is significant. You can loose your license, be fined $500, and $250 for three years by the DMV. Prosecutors can use this refusal as evidence in your criminal dwi trial. In fact, the law permits the prosecutors to use your refusal as a, “consciousness of guilt,” against you. What that means is prosecutors can say, you refused because you knew you were guilty.
WHAT HAPPENS IF THE POLICE DOESN’T SHOW UP TO THE DWI REFUSAL HEARING
If you go to the hearing with your attorney and the police officer doesn’t show – the judge will return your license to you until you are given a future date. Upon returning a few months later, the police officer has an opportunity to appear again. If he/she fails to appear again, the judge can return your license and make a ruling based on the police’s failure to show.
DO YOU NEED AN ATTORNEY
Going alone is foolish. Administrative Law Judge’s make their decisions based on the papers, and based on the police’s evidence. If a police officer shows up, then your attorney helping with the NYC dwi refusal hearing can cross-examine the officer. In addition, a record will be made of the testimony – but there will be no prosecutor present to defend the police officer. As a result, in NYC, prosecutors often don’t want officers to show up and testify on hearings for this exact reason.
Experienced NYC dwi refusal hearing attorneys at the Spodek Law Group can help lock a police officer into testimony that is damaging to the prosecution’s case. In some cases, prosecutors may not even be aware the police officer showed up to the hearing at all. This is a very good opportunity to weaken the prosecution’s case, and the law enforcement’s case, against you.
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There are 761 criminal defense attorneys in Brooklyn, NY. If you have just been arrested for a DWI, then you will need to find an attorney. One of the best ways to find good legal help is through others’ recommendations. If you lack a recommendation from someone you trust, then there are other methods of seeking competent legal advice. You can begin by meeting with a lawyer who will offer you a free consultation. You will be able to gauge both their interest in you as a client, and their professional experience defending clients facing DWI charges.
The lawyer you choose will be able to help you navigate the legal process. They are familiar with the difference between charges and consequences for “driving while intoxicated” versus “driving while impaired.” If you have been charged with “driving while impaired,” you are facing a minimum fine of $300 to a maximum fine of $500, as well as possible jail time of 15 days. This is not a criminal offense and will not be put on your criminal record. A “driving while intoxicated” charge is considered a misdemeanor and is a crime. The minimum fine is $500 and the maximum is $1000. A jail term of no greater than one year in prison is also considered. If you injured someone else, then they can hire a personal injury attorney and sue you for damages.
The lawyer you choose will probably try to plea bargain your case down to a “Driving While Ability Impaired” or “DWAI.” This would be considered a traffic infraction instead of a crime. The fine would be similar. The minimum fine would be $500 and maximum $700. There could also be a 15 day jail sentence. Not every district in New York will offer this possibility. Check with your lawyer. The state of New York has an “implied consent law.” This means that if you choose to drive in the state of New York, then you are giving consent to taking a chemical breath or blood test upon request from the police. The amount of your “blood alcohol concentration” or “BAC” is recorded and used as evidence against you. In New York, the legal limit is 0.08 percent.
A DWI charge can have many consequences, including monetary fines, taking Department of Motor Vehicle classes, attending a one night “Victim Impact Panel” presentation, and/or having an ignition interlock device placed in your vehicle. There is no expungement law in New York, so this charge will never be removed from your record. Seek out reliable legal counsel as soon as possible and listen to their recommendations.
If you or someone you know is charged with a DWI in Bronx, you need a Bronx DWI lawyer on your side. DWI is a serious offense that can lead to severe punishment and fines. The quicker you get an attorney the better it is for you.
There are many lawyers in this city that handle cases involving driving under influence and related issues. But it is important to keep in mind that all DWI lawyers are not created equal. Some lawyers are certainly better than others when it comes to representing clients in a serious case like DWI.
When charged with a serious offense or crime your assets, social status, and professional reputation are at stake. That is why you need to find a competent lawyer to represent you. The decision you make regarding the choice of a lawyer may affect your family, your financial well-being, and your freedom. A good DWI defense lawyer in bronx can help you obtain the best possible outcome.
Therefore, it becomes extremely important to hire an experienced DWI lawyer who can give advice and assist you throughout the legal process. Your lawyer will be on your side during this difficult time, and properly protect your rights. You want to hire a lawyer who has the skill and experience to minimize the effects and penalties of a DWI case to allow you to put the case behind you and move on with your life and have a stress free future.
There are several ways to go about finding a DWI lawyer in Bronx. Many people find a reliable lawyer by asking for recommendations. So you can talk to friends, relatives and colleagues to find out if they know any good DWI lawyer. You can also look in the phone book or search online for a list of DWI lawyers in your area. Another reliable way to find a good lawyer is to check out review websites that provide information about local lawyers. By reading reviews of DWI lawyers you will be able to find a reputable lawyer that handles cases involving driving under influence.
A DWI refusal hearing is a separate hearing from a criminal case, scheduled by the DMV within 14 days of your arraignment. The hearing is assigned to an Administrative Law Judge to determine if you knowingly refused a DWI chemical test, which carries consequences such as loss of driving license, fines, and additional prosecution evidence. A DWI refusal hearing attorney can provide guidance and representation in these hearings.
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