New York DWI Refusal Hearing.

New York has a zero tolerance policy when it comes to driving while intoxicated. They impose strict penalties on those who are found guilty of the offense. In order for the state to have evidence that you were actually driving while intoxicated, though, they the arresting officer usually asks you to consent to a blood alcohol test. You might have refused this test, and if you did, the DMV will usually impose an administrative suspension on your license that makes it so that you can't legally drive unless you apply for and get granted a hardship license.

Implied Consent Law

Many people refuse to submit to BAC tests because it used to be that when the State didn't have chemical evidence proving that your BAC was over the legal limit of 0.08%, then your case would get thrown out for insufficient evidence. Some people were essentially getting away with drunk driving, so states like New York sought to rectify this by imposing implied consent laws on citizens. Implied consent makes it so that if you refuse to consent to a BAC, there will be some backlash from the DMV, if not from the judicial system.

Report of Refusal

However, maybe you really hadn't been drinking, or maybe you just felt like your rights were being violated. Just because you didn't submit to a BAC test doesn't necessarily mean that your side of the story can't be heard because it can. When a "Report of Refusal" is filed, you are given a chance to tell your side of things if you request a "Refusal Hearing."

What is a Refusal Hearing?

A "Refusal Hearing" is an administrative hearing where you get to go before the people in charge of suspending your license and plead your side of why you refused to take the BAC test. A Refusal Hearing is separate from any criminal charges you're facing - it's purely administrative, and it is beneficial for you to at least try to state your case at the Refusal Hearing because if you win the hearing, it could have some bearing on your criminal case's outcome. It would also make your life so much easier since you wouldn't have to go through the trouble of getting a hardship license until your case is settled.

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