Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: Today we’re joined by Mike Kramer. We’re going to be talking about refusal hearings before the DMV.

Michael Kramer: A refusal hearing becomes necessary when it is alleged that upon your arrest for an alcohol related driving or drug arrest that you refused a request by a police officer for some form of chemical test.

Interviewer: Does the refusal hearing include both the breathalyzer and any other similar test to that like a urinalysis or a blood draw?

Michael Kramer: Yes, any of those are considered chemical tests. All that’s necessary for a police officer to request any type of chemical test is that there is probable cause to believe that you violated the DWI laws.

Interviewer: Would field sobriety tests count as well?

Michael Kramer: No, they are not considered chemical tests, so if you refuse a field sobriety test, it is not a refusal necessitating a DMV hearing.

Misconceptions About Refusal Hearings

Interviewer: What are some of the top misconceptions about refusal hearings?

Michael Kramer: That you have a chance to win if you have a good defense.

Interviewer: What are some of the ways that refusal hearings differ from regular DUI hearings?

Michael Kramer: The issue at a DUI trial would be whether there is proof beyond a reasonable doubt that you met all the elements of a DWI or DWAI drug charge: that you were driving or operating a vehicle and that your ability to do so was impaired by alcohol or drugs. A refusal hearing has nothing to do with proof beyond a reasonable doubt of whether you committed the offense, but whether the arresting police officer had sufficient grounds to request that you take a chemical test.

Interviewer: When someone gets pulled over and they’re questioned by a police officer, and they then refuse to take a test, what happens?

Michael Kramer: When you’re stopped by a police officer for suspected driving while under the influence and they ask you to take a test, the question is should you? In Westchester County if you’re stopped, you’re asked to take a test and you refuse, you will incur the consequences of a DMV refusal. When you’re stopped and a police officer smells alcohol; that sets into motion the process in which you’ll be asked to step out of the car and either perform field sobriety tests or blow into a handheld device which, if positive, leads to arrest and then a request for a chemical test, usually a breath test.

If you decide to take a test and you blow a .16 or more the District Attorney’s office will not agree to any type of reduction in the charge as a plea bargain. However, if you blow less than a .16 and there are no other aggravating factors such as an accident or reckless driving, then you would be eligible for the reduced charge. Many people on a first offense want that reduced charge because that saves them from having a criminal record. It’s different in other counties, it could be a strike against you if you refuse preventing a reduced charge offer.

Interviewer: What are some good indicators that someone may be above a .16?

Michael Kramer: It varies with the individual. Life would be much easier if we all were able to determine our blood alcohol level by the way we feel.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161