The Officer Stated That I Refused To Take A Chemical Test. What Does That Mean?

It means that you will be subject to a set of procedures with the DMV separate from the actual court case. If a refusal is sustained at refusal hearing, it will result in an additional revocation of your license regardless of the outcome of your DWI court case.

How Long Will My Driving Privilege Be Suspended If I Take The Chemical Test?

Your driving privileges will not be suspended by the DMV if you took a chemical test. However, if you are convicted of any Driving Under the Influence offense, it may result in a separate suspension or revocation of your license.

How Long Will My Driving Privileges Be Suspended For Not Taking The Chemical Test?

If after a Refusal Hearing, the Judge finds that the police officer has sustained his burden of proof and that you are guilty of a DWI refusal, your license will be revoked for one year.

How Is The DMV Suspension Or Revocation For A DWI Refusal Different From A Suspension Or Revocation Following My Conviction In Criminal Court?

They are separate and apart from each other. However, both the DWI revocation and any court suspension or revocation will run together if the periods overlap. The worst case scenario occurs if you are found guilty of the DWI refusal and your license is revoked for one year and you then request a trial on your DWI case. Actually obtaining a trial date can take a substantial period of time sometimes greater than a year. Unfortunately, then if you are convicted and your license is revoked for a DWI conviction you will have already served the refusal revocation and in that case the new revocation will start all over again.

Am I Entitled To A Restrictive Or Conditional License For A DMV Refusal Revocation?

You are only entitled to a conditional license if you are convicted of some Driving Under the Influence offense. If on the other hand, you are found not guilty of Driving Under the Influence but found guilty of refusing to take the chemical test by the DMV, you will have to serve a one year revocation with no eligibility for a restrictive or conditional license.

Is Someone Ever Required To Get An Ignition Interlock Device Before Their First Court Date?

The answer is no. The ignition interlock device can only be ordered and is in fact required at the conclusion of a DWI court case if in fact you are convicted of a DWI misdemeanor.

How Often Should I Expect To Meet With My Attorney To Discuss My Case In The First 30 Days?

As much as you desire. Usually, a DWI attorney will meet with you at an initial consultation and thereafter subsequent to the first court appearance and prior to the next. Continuous meeting can be arranged if you so desire to be advised of the status of your court case.

Will I Have To Meet With A Pre-Trial Probation Officer Of Any Kind Within The First 30 Days?

In New York State the answer is no.

Should I Voluntarily Start Counseling Or Go To a Rehab Before My First Court Date? Will That Help Or Hurt My Case?

Such a requirement will be ordered in every DWI case at the first court appearance. So if you intend to get a jump on the court process, there is no harm to beginning the counseling or rehab process prior to the first court appearance. It will not hurt your case, on the contrary, it may help.

For more information on Refusal Of Chemical Test, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.