How Does A Refusal Hearing Work In The Rochester Area?

A driver arrested for drinking and driving who refuses to take a breath test faces additional penalties outside of criminal court and requires the help of an experienced Rochester DWI lawyer.

The report of the refusal will be sent to the Department of Motor Vehicles, which will schedule a hearing – frequently referred to by DWI lawyers as a “Refusal Hearing” – to determine if the driver’s license should be revoked and whether an additional fine should be imposed.

This hearing will be conducted before an administrative law judge (ALJ) appointed by the Department of Motor Vehicles, who will oversee the hearing and make the final determination.

While in most cases the sworn testimony of the arresting officer will be taken, documents will be submitted into evidence, and the defendant also has the right to testify, the overall procedure is much less formal than in criminal court.

The ALJ usually will conduct most of the questioning, although the defendant may also have a lawyer present who can question the arresting officer.

The issues at the hearing are limited to

(1) did the officer have reasonable grounds to believe that the driver was violating any of New York’s drinking and driving laws,
(2) did the officer make a lawful arrest of the driver,
(3) was the driver given clear warning that refusing the breath test would result in the immediate suspension and subsequent revocation of his or her driver’s license regardless of the outcome of the DWI charges in criminal court, and
(4) did the driver refuse to submit to the breath test. If the ALJ finds all of these factors in the affirmative, the driver’s license of the defendant will be revoked.

The laws surrounding the breath test in DWI cases can be complicated, and it helps to have an experienced DWI attorney.

If you have been arrested for drinking and driving, we can help you at 585-484-7432.

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