When a police officer arrests someone suspected of DWI/DUI and takes him/her to the station, he/she may be asked to provide a sample of their breath, blood, or urine to determine their Blood Alcohol Content (BAC). People usually are asked to blow into a machine, known as a breathalyzer. If you say, “no,” said nothing at all, or just were too intoxicated to use the breathalyzer then your case will be referred to as, “refusal,” because you refused to submit to a chemical test. Although, refusal is not a criminal charge, it is a violation that is determined at an administrative license hearing before a judge at the Department of Motor Vehicles. When one is convicted with refusal, he/she can have his/her driver’s license revoked for one year with a fine of $500 and get assessed of $250 for three years by the Department of Motor Vehicles. If he/she is a commercial driver such as a truck driver or taxi cab driver, being charged with refusal can lead to loss of employment, and if there is more than one refusal on his/her record then he/she can lose his/her commercial driver’s license for life.
DUI/DWI Refusal Hearing
DUI/DWI refusal hearing is usually held at the Department of Motor Vehicles within 10 days of arrest. During this hearing, the person charged with refusal is given an opportunity to give an explanation/testimony for the alleged refusal. The police officer who arrested the person is also cross examined and questioned. These evaluations help determine the what may have led to the arrest and it is overseen by Administrative Law Judge. All the evidence provided is considered during the case such as, proper protocol being followed when conducting a Field Sobriety Test, the experience of the arresting officer, and any other information prepared for the case. The Administrative Law Judge focuses on four issues at the refusal hearing, they are:
- Was it a logical and reasonable to suspect the person (driver) of DWI/DUI?
- Was the arrest and charge lawful?
- Was the person (driver) given necessary warning, in clear language, prior to his/her refusal, and was he/she aware that any refusal to submit to a chemical test would lead to a charge with refusal?
- Did the person (driver) refuse to submit to a chemical test after knowing and understanding all the consequences?
Are You Charged with Refusal and Need legal Assistance? Contact Us!
If you are charged with DWI/DUI and refusal, DWI attorneys at the Law Office of Reuven J. Epstein is ready to help you in your case. Call us at 845-459-0002 /800-579-1605.