DMV Refusal Hearings in Carmel
Seeking Justice for Clients in Putnam & Westchester Counties
New York has an implied consent law that requires that a driver submit to breath, blood, saliva, or urine testing after an arrest for an offense related to alcohol. Refusing to submit to this testing has consequences. You need the advice of a knowledgeable Carmel DUI attorney.
What Happens When BAC Testing is Refused
If you refuse BAC testing, the arresting officer will file a report. The determination is made by an Administrative Law judge at DMV refusal hearings. The hearing will be scheduled within 15 days. You should make sure that your Putnam County DUI lawyer receives a copy of the report of refusal prior to the hearing, as this contains pertinent information about the reason for the stop and evidence.
At the hearing, the judge will consider:
- If the office had reasonable suspicion that you were driving under the influence
- Whether there was probable cause to make the arrest
- If you had sufficient warning that refusal would result in driver’s license suspension
- Whether you refused to submit to testing
How To Prepare for a NY DMV Hearing
The most important thing individuals can do to prepare for DMV refusal hearings is to contact a Carmel DUI attorney who focuses on this area of law. The Law Office of Keith R. Murphy represents clients at DMV refusal hearings and in criminal cases. He has the education, training, and experience to successfully represent you and provides a tailored approach to representing each client.
Conviction of driving under the influence of drugs, alcohol, or both can have serious consequences. In addition to having your driver’s license suspended or revoked, you could be at risk of jail time, probation, court-ordered counseling, fines, and even mandatory installation of an ignition interlock device. Attorney Keith R. Murphy offers a free consultation to enable you to get the advice you need.
DMV refusal hearings can be overwhelming, but help is available. Get in touch with us at (845) 584-7033 to discuss your situation.