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Refusal Hearing

Loss of driver’s license — Our DWI/DUI attorneys in Nassau County come to your aid whether there is a blood alcohol content (“BAC”) reading or you are charged with a refusal.

If you failed a breath, blood or urine test during an arrest for drunk driving in Nassau, Suffolk or any other New York County, your license will be suspended at arraignment (as long as the court has a BAC reading). If you refused to submit to a test for BAC or drugs, the state of New York will initiate a second proceeding against you, which seeks to administratively suspend your driver’s license. (This is a hearing at the Department of Motor Vehicles, which is separate from the criminal case.)

Act Quickly To Preserve Your Rights

A refusal hearing must be scheduled within 10 days of your arraignment. You will be given a date for the refusal hearing, where you can challenge the case and attempt to keep your driving privileges. If you do not appear at the hearing, you will automatically lose your license.

It is important to be represented at a refusal hearing. The discovery obtained at these hearings can be a very valuable tool for a Nassau County criminal lawyer defending your case. If you are found guilty of refusing the test, there is an automatic one-year revocation of your license, with no eligibility of a conditional license while your criminal charges are pending.