You have bee pulled over by the NYPD and asked to take a breathalyzer. You have heard from the grapevine that you should refuse this test if you have been drinking at all. So you tell the cop that you do not want to take the test. He advises you that you will loose your license. You understand and you are booked for DWI.

You have done two things. You have not given the state a crucial piece of evidence to prosecute you. In this sense you did a very smart thing. On the other hand, New York state law allows the DMV to suspend your license for a year if the DMV judge finds that you have refused. At first glance, it seems like a simple concept. You have refused so you are guilty of refusing. However, things are not so simple.

The DMV rules and regulations regarding refusal are extremely complex. The judge at DMV has a very narrow focus on what information he will consider. There is a report prepared by the police officer is all the DMV jude will consider, along with testimony that will be taken at the hearing. The police officer will also get two chances to  show up at the he hearing. This means you will have to attend the DMV twice.

It is extremely important to hire a lawyer who has actually done and won hearings at the DMV. This is not the time to ask your mom's real estate lawyer to help you out. This is not the time for a jack-of-all trades. DWI law in New York is extremely complicated and make sure that the attorney you hire has experience in handling these types of cases. More information can be viewed at newyorkcity-criminaldefense.com and our DWI Blog.