Refusal Hearings

The state of NY has an implied consent law, meaning any licensed motorist is subject to a blood or breath test if police pull them over with probable cause. A refusal hearing occurs when a motorist refuses to consent to chemical or breathalyzer sobriety tests, upon which a Notice of Temporary Suspension and Notice of Hearing is issued by the police. This requires a court appearance, a separate hearing from the criminal court case, in the form of a Refusal Hearing. Sometimes these hearings provide the attorney with the opportunity, “to gather information from the police officers who arrested you for later use during the DWI trial,” according to Avvo, legal guide Theodore W. Robinson. He continued, “your attorney can usually get a lot of helpful information ahead of time so he/she can prepare for the [criminal] Trial better.” A motorist who refuses a breathalyzer test is subject to having his license revoked for a minimum of one year even if they beat the DWI case

If you receive a summons for a cell phone, disobey traffic device or any other moving violation, an experienced traffic ticket attorney can help. Please call us at 212-227-9008 or email us at

photo credit Visual Hunt