I was arraigned already for a dwi because a trooper said i refused a chemical test, which is a lie! My drivers license was revoked at a hardship hearing over two wks ago but i have yet to get any letter from the dmv and the dmv site is saying my license is still valid. How long does it take for the revocation to go in the system?
You need to go speak to an attorney so that you can contest that you refused the chemical test. There is only a limited period of time that you are able to contest this. An attorney that specializes in DUI will be able to walk you through this process and try to fight for you so that you can keep your license.
You should promptly hire a criminal defense attorney who is experience with DWIs. Aside from the criminal charges themselves, you could face future drivers licensing issues if you do not handle things carefully.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
States vary on the the definition of what constitutes a "refusal." Issues arise about being provided adequate notice of what is being asked of you with respect to the testing apparatus. A refusal has two separate effects, in the criminal court it can be used as evidence of guilt. As to DMV or licensing aspect this generally involves administrative proceedings that have strict timelines. If this occurred in the State of New York you really need to have an a lawyer who is licensed in the New York to assist you. Don't delay this action. Good luck.
Sounds like you're representing yourself and doing a terrible job of it. Retain counsel before things get worse.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
If you were present at a hearing and were told by the court that your license is revoked, then you must treat it as revoked. A hardship hearing is where you are asking for a license for a limited purpose because driving is essential and there are no other means to travel; in other words your license was already suspended/revoked. You should have been represented by counsel at such a hearing. As far as your current revocation, you have actual knowledge that your license is not currently valid and you should not assume its valid because the DMV says so. New York bureaucracy is as bad as you can imagine, so its hard to say when the paperwork will go through. Your current attorney should be able to address all of these issues with you. If you do not have an attorney, you should consult an experienced New York lawyer soon.
I suggest you hire an attorney for your drinking and driving case. Whoever represented you at your safety hearing should have given you information.
This does not constitute legal advice nor does this establish lawyer-client relationship. You can always reach me at 917-856-1247 or visit my website at www.ny-defense.com. James Medows, Esq.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline