When a defendant in a Rochester DWI case refuses to take the breath test, the Department of Motor Vehicles will – in almost all cases – revoke the driver’s license of the defendant.

This revocation will take place at a hearing conducted by an Administrative Law Judge appointed by the DMV.

Under New York State law, this hearing must be scheduled to take place within fifteen days of the defendant’s arraignment in criminal court.

The arraignment usually takes place at the first court appearance.

When the license of a driver is revoked for refusing the breath test, a conditional driver’s license to drive for work and school is not available based on that refusal.

In most cases, however, the driver will also have been charged with an alcohol-related driving offense, such as Driving While Intoxicated or Driving While Ability Impaired by Alcohol.

If the driver has no prior alcohol-related convictions within the past five years, he or she may obtain a conditional license if convicted in criminal court of any alcohol-related driving offense.

The DMV Refusal Hearing and driver’s license revocation often will take place very shortly after arraignment, but a first time offender cannot obtain a conditional driver’s license until after a conviction for an alcohol-related driving offense.

Because many defendants cannot afford to go for a prolonged period without any form of driver’s license, an experienced DWI lawyer often will take steps to resolve the criminal case as quickly as possible when a defendant has refused the breath test.

If it is in the best interest of the lawyer’s client, this may even include making arrangements to plead guilty to an alcohol-related driving offense at arraignment.

If you have been arrested for drinking and driving, we can help you decide how best to proceed with your case. Call us at 585-484-7432.