The Initial Police Stop and Breathalyzer Test

When you are stopped by a police officer and you are suspected of driving while your ability is impaired or intoxicated by alcohol you may arrested. When you are brought back to the precinct you will be requested to blow into a device that can determine your blood alcohol level. Although you are asked to do this, you have the right to refuse. If you refuse to blow into the machine the officer will read you a statement that states the by refusing to take a chemical test your license will be immediately suspended and then a subsequent revocation to operate a vehicle in New York State will occur. This revocation will occur whether or not you are ultimately convicted or acquitted of the DWI charge against you. Although this is correct, there must be an independent hearing held no more than 15 days after your arrest to determine if your refusal to submit to this test was a knowing refusal. This hearing is called a Refusal Hearing. It is usually held at a DMV office and is presided over by a DMV Administrative Law Judge. During this hearing the Police officer or his completed paper work has to show the following:

1. That he or she had reasonable grounds to make an arrest, (based on information indicating that you were operating the vehicle).
2. That there was evidence as to your impairment or intoxication while operating the vehicle.
3. That the officer warned you that failure to take 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 are found guilty of the charge for which you are arrested.

Failure to establish any of the above will automatically restore your driving privileges. It takes a skilled DWI lawyer/ DUI lawyer with many years of experience and one that has done many of these hearings to disprove the officers testimony and the officers paper work. We have done hundreds of these hearings and have been successful in a vast majority of them, thus being able to restore our client’s driving privileges despite their refusal to take the breathalyzer test.