I live in Westchester County, NY. I was charged with DWI a few months ago, but got it reduced to DWAI. I was happy about that. However, now I have to go to a DMV hearing to see if my license should be revoked. This is because I refused the Breathalyzer test. What kinds of defenses can I say at the DMV hearing to keep my license?
You should contact an attorney ASAP...these can be difficult to win and if your 90 day suspension has already run, you could potentially be left without a license of any sort should you lose this hearing
the attorney who handled your case should also go with you. They can cross the cop to try and beat the refusal.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
You can risk losing your license for a year so you better bring a lawyer to cross examine the police officer. If he shows, a hearing will be conducted. If the judge finds that the officer had a basis to arrest you for the dwi, and you refused to take the test after being given the statutory warnings, you are off the road.
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