DMV Hearing Legal Services in Poughkeepsie, NY
The administrative consequences associated with a DWI can be as powerful as the criminal consequences. Protect your rights and freedoms.
In the event a police officer has reasonable suspicion to suspect you were operating a vehicle while under the influence of alcohol he may ask you to submit to a chemical breath, urine or blood test. If you refuse to do so, you will likely be charged with what is colloquially called a “common law DWI.” In simply terms, you will be presumed to have been intoxicated and you will be charged with a DWI despite the fact that the police does not have any chemical data indicating you were intoxicated.
A common law DWI follows largely the same procedure as a traditional DWI. However, at the same time the criminal matter is pending in Justice or County Court the New York State Department of Motor Vehicles will bring an administrative hearing to revoke the driver’s license for a period of one (1) year due to their refusal to submit to a chemical test.
Retaining an attorney to represent you in the administrative hearing, in addition to the criminal proceeding, is critical. First, in a unique and limited number of cases a driver may prevail at a DMV hearing and avoid the license revocation. Second, the arresting officers can be subpoenaed to testify at the DMV hearing. Their testimony allows the defendant a sneak peak into what the officer would say if the criminal case were to go to trial. It is also an opportunity to nail the arresting officer to a specific narrative before the District Attorney’s office prepares him or her for a trial.