REFUSING A BREATHALYZER TEST
AND THE REFUSAL HEARING
Under New York DUI Laws, a driver has the right to refuse a breathalyzer test. Usually most drivers will just take the test. Most New York City DUI lawyers would tell a client not to blow in the breathalyzer machines. If he does, pursuant to VTL 1194 he has the right to have a hearing at the DMV within 10 days of the refusal. These “refusal hearings” are conducted in lower Manhattan at a DMV officer in front of a DMV judge. One important thing to remember is that the refusal hearing and the court case are totally separate entities. One has almost nothing to do with the other.
The first date of the hearing the police officer will probably not appear. This is due to scheduling problems with the NYPD notification system. This is usually a good thing for defendants. The DMV then must adjourn it for him to appear but the driver will receive his driving privileges back. At the second hearing, if the police officer does not appear, the hearing will go on and a decision will be rendered based on the paperwork done the police officer.
There are several motions that can be made to dismiss the case and it requires the experience of a New York City DUI lawyer to make the appropriate motions. After having done over sixty of these hearings, Mr. Discioarro is still surprised that people show up without an attorney. If you loose the DMV hearing your driving privileges are suspended for one full year, and there is very little you can do about it. If you have refused a DUI test in New York City, contact the Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and protect your license.