Under New York DWI Laws, a driver has the right to refuse a Breathalyzer test. Most DWI lawyers would tell a client not to blow in the Breathalyzer machines. If you do submit to a chemical test, pursuant to VTL 1194 you have the right to have a hearing at the DMV within 10 days of the refusal. These \u201crefusal hearings\u201d are conducted at a DMV officer in front of a DMV administrative judge. One important thing to remember is that the refusal hearing and the court case are totally separate cases. One has almost nothing to do with the other. The first date of the hearing the police officer may not appear.<\/p>\n
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 submitted by the police officer. There are several motions that can be made to dismiss the case and it requires the experience of a DWI Defense Attorney to make the appropriate motions. If you lose at the DMV hearing, your driving privileges are suspended for one full year, with no ability to receive a conditional license.<\/p>\n