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I got a dwai but I did not get a refusal hearing at the dmv. is that bad or good for me?

Brooklyn, NY |

it is my first dwi, I refused the urine test, I passed the breathalyzer test, It was a checkpoint and I got arrested because my car smelled like mariuana. They did not find anything on me.

Attorney Answers 4


  1. If your license was not taken at arraignment for an alleged refusal, you would not be scheduled for a Refusal Hesring. If the court took your license for a supposed refusal, the court should have scheduled you at arraignment. It should take place within 15 days. Retain an attorney to cover this and related issues as soon as you can.


  2. Attorney Christopher Simser is correct. In most situations, if a person refuses a chemical test of their blood, urine, breath etc., at arraignment the judge will suspend your license (and physically take it) pending the results of a DMV refusal hearing, which will determine the future "status" of your license. At arraignment, such a hearing should have been scheduled, and should be within 15 days of said arraignment. However, much of what you're asking is dependent on what exactly you were charged with, and therefore, to answer your question more fully, you should contact an experienced attorney immediately.


  3. Did the court suspend your license? I like refusal hearings because your lawyer gets a chance to cross-examine the police officer without the DA being there to object. Some Judges will give the lawyer lots of lattitude while others don't. Nevertheless, it is a good opportunity to get a read on how strong the DA's case is without the DA being there.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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