FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

Service Matters

Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

Work Directly

When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

Schedule Consultation

Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



New York DWI Refusal Hearing Lawyers

Many drivers wonder what are the consequences if they refuse to submit to various tests while they are suspected of Driving While Intoxicated (DWI). The answer is not as simple and the information provided below should clarify many of the issues related refusing to submit to chemical or field tests.

First, it should be noted that when one gets pulled over for suspected DWI, three separate and distinct types of tests are given: (1) field sobriety tests; (2) breath screening test and (3) a chemical test using a device and may include blood or urine test as well. A charge for refusal for testing primarily deals with the third type of test since much of evidence presented to the court and DMV is based on the reading of the device used.

There are two distinct types of proceedings when one is charged with DWI: (1) a criminal procedure that is brought by the People (commonly known as prosecutor) and (2) an Administrative procedure known as a Refusal Hearing, which is brought by the New York Motor Vehicle Commission (commonly known as the “DMV”). Both processes run independently. It should be noted that refusing to submit to a chemical test is NOT a criminal charge.

Distinctions between the DWI Criminal Case and the Administrative Proceedings

While both a criminal and administrative proceedings result in one common consequence, the revocation of a driver’s license, there are few other consequences to keep in mind. The administrative consequence of chemical test refusal is the revocation of your driver’s license. Keep in mind the revocation of your driver’s license as a result of the DMV hearing is distinct from the revocation of your license as a result of a criminal conviction.

A result of the criminal case is either a conviction or acquittal of the charges. If a conviction is obtained, it becomes part of a driver’s criminal record.

On the other hand, the result of a DMV proceeding is to solely determine the circumstances with respect to the chemical test refusal and the consequence is to revoke your license.

The prosecution cannot use the fact that you refused to take tests against you in the criminal case. There is no requirement to submit to a field sobriety test. Furthermore, there is no need to submit to a breath screening test, but be warned that the failure to do so results in a traffic infraction.

It should also be noted that the administrative revocation period does not run parallel to the criminal court revocation period of your license. If your license was revoked by the criminal court, and you had a subsequent refusal hearing and an administrative judge revoked your license, then the period of revocation starts from the end of the refusal hearing. However, if you waived your right to the refusal hearing, then your revocation period starts from the day of your first court appearance.

Nature of Refusal Warnings

If a driver refuses to submit to a chemical test, he or she must be given a refusal warning. In essence, this warning should state:

You are under arrest for driving while intoxicated
A refusal to submit to a chemical test, or any portion thereof, will result in the immediate suspension and subsequent revocation of your license or operating privilege, whether or not you’re convicted of the charge for which you are arrested
If you refuse to submit to a chemical test, or any portion thereof, your refusal can be introduced into evidence against you at any trial, proceeding or hearing resulting from this arrest
Will you submit to a chemical test of your (blood/breath/urine) for alcohol?
Be wary that these warnings will be read you only if you refuse the initial offer to submit to a chemical test that. The warning must be clear and unequivocal and furthermore, and if incomplete, the chemical test will be invalidated.

The law further states that any refusal must be persistent. This means that you must be offered two opportunities to submit to the chemical test, and according to the recent case law, “at least one of which must take place after being advised of the sanction for refusal”.

DMV Refusal Hearings

The refusal is hearing is usually conducted at the DMV office. A notice of the hearing will be given to you at your first court appearance.

The four issues at a refusal hearing at the DMV are:

Did the police officer have reasonable grounds to believe that the defendant had been driving under the influence or while his/her ability were impaired?
Did the police officer make a lawful arrest?
Was the defendant given sufficient warning, in clear or unequivocal language, prior to the refusal, that the refusal to submit to the chemical test would result in the immediate suspension and subsequent revocation of the defendant’s license or privilege to operate a motor vehicle in New York?
Did the defendant, after reasonable grounds have been shown, following a lawful arrest, and following sufficient warning of the consequences, then refuse to submit to a chemical test?
After the refusal hearing is completed, if the ALJ “finds on any one of said issues in the negative, the hearing officer shall immediately terminate any suspension arising from such refusal.”

On the other hand if after the Refusal Hearing, the hearing officer “finds all of the issues in the affirmative, such officer shall immediately revoke the license or permit to drive or any non-resident operating privilege”.

The ALJ will admit the notice to appear into evidence as the first exhibit, the second piece of evidence will be the Refusal Report that the Police Officer filled out. Once any evidence is presented, there will be an opportunity for cross examination. Once the refusal hearing is completed, the Administrative Law Judge can render a decision immediately, or reserve judgment.

The burden of proof at the refusal hearing is clear and convincing evidence. One the first date of the refusal hearing, the Police Officer who arrested you will be given an opportunity to prosecute the case. If the Police Officer does not appear at the refusal hearing, then the ALJ will adjourn the hearing and give the Police Officer an opportunity to appear. In the interim, your drivers license will be returned.

The second refusal hearing will be scheduled a couple of month’s down the line. This maybe scheduled after the criminal case is over. If the Judge proceeds with the hearing, without an officer the ALJ will render a decision based on the documents. The refusal hearing in New York is a free shot for your criminal defense attorney to cross examine the police officer without a district attorney being there to prepare, coach and object to any questions. This testimony can be later used during the criminal proceedings.

Drinking Driver Program and Conditional Licenses

The Drinking Driver Program (“DPP”) consists of seven classes totaling a minimum of 15 hours that are designed to deter future violations through the education of the violator.

A conditional license can be issued only if you are admitted to the program. Some of the uses of a conditional license include: driving to and from a place of employment or driving to and from class at an accredited school.

If a driver already participated in the program, he or she is precluded from participating for another five years. Keep in mind a previous DWI conviction within the past five years also precludes a driver from participating in the program.

With respect to refusals of chemical tests, a full driver’s license is not restored at the end of the program, but will continue on a conditional driver’s license for the period of revocation.

Spodek Law Group represents clients in DWI criminal cases and refusal hearings in New York City.

Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible.

A Bucks county DUI attorney, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base.

Do You Need One?:

Before we look into what a DUI attorney can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:

  • First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
  • No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
  • It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.

These situations will probably result in a guilty plea or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal assistance.

What an Attorney can Do:

Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney.

A Plea Bargain– If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play.

If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”.

This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted twice.

DUI Involving Drugs

In addition to helping with the sentence, a DUI attorney can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help.

So, in short, DUI attorneys are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us