The Kessler Law Firm

What Is A Refusal Hearing?

If you are pulled over in the State of New York for a DWI and refuse to take a breathalyzer test or a chemical test, you may be subject to a DWI refusal hearing.


During the refusal hearing, the judge will focus on three key points:


1. Was there a valid reason for the car stop (i.e. erratic driving, going through a red light)?


2. Whether the officer had reasonable suspicion to believe you were driving under the influence, and


3. Did you actually refuse to take a breathalyzer or chemical test?


If the answer is “yes” to all 3 questions, then your license will be suspended for a minimum of one year plus a fine. The only way to retain some driving privileges after being found to have refused a breathalyzer or chemical test or for being found guilty of a DWI is to apply for a conditional license. This gives you limited driving privileges.