Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

DWI Chemical Test Refusal Hearings in New York

by Seth Azria on 8/03/2015

Having a Hearing Can be Valuable Even When Lost

I have had clients, and some attorneys, who ask me, “Should I go forward with a refusal hearing?”—and despite the fact that they are unlikely to win, I tell them that I believe that they should in most cases. Participating in a refusal hearing is an excellent way to get free discovery and to cross-examine the police officer about the underlying conduct in the case—both in terms of how your client was interacting with the officer and the officer’s observations of your client.

As a result, I tell my clients that they should never waive their right to a refusal hearing. In fact, the only time I suggest to clients that they should waive their right to that hearing is if the DA is willing to give them a resolution to the charges within a relatively short time frame. The reason for this is that if the driver loses the refusal hearing, driving privileges will be lost for one year. The only way to be able to drive during this one-year suspension period is to be eligible for a Conditional License, which allows a driver with a suspended license to drive to and from work and school. To be eligible for a Conditional License the driver must be eligible to attend the NYS Drinking Driver Program; and have been convicted of an alcohol related charge.

This means the driver cannot have taken, nor have been eligible to take and refused, the DDP program in the previous five years and that they must be convicted of an alcohol related offense. As long as a driver is eligible to participate in the NYS Drinking and Driving program they will at least be able to drive to and from school or work, even if they failed to take a breath test, and by statute, their license privileges have been suspended for one year.

The obvious import of this is if a driver is found to have refused a validly requested chemical test, they can only have driving privileges after they have been convicted of an alcohol related offense. The driver who loses his license for one year for a refusal, who is then successful at avoiding an alcohol related conviction, will have no ability to drive at all during the one year revocation. A dubious victory for the driver.

Article adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books, A Thomson Reuters business. 

Google Review

I recommend this law firm as they are very knowledgeable and professional dealing with the NY speeding traffic ticket I had been charged with. I am very pleased with the negotiations this firm had negotiated on behalf of me. Thank you!

Google Review

I had an excellent experience working with Mr. Azria for my Saratoga Springs traffic ticket. He was professional, responsive, and made the entire process straightforward and stress-free. He successfully helped reduce my ticket to a no-point violation, which was a great outcome. Communication was clear throughout, and I always felt informed about the status of my case. I highly recommend Seth Azria to anyone looking for an experienced and effective traffic attorney.

Google+ Review

Very professional team to work with.

Google+ Review

I contacted Azria & Bruffett to handle my traffic ticket after an accident in upstate New York. I found them via a random Google search and appreciated the clarity of the information presented on their website and in initial communications. Throughout the entire process they were extremely clear and helpful. My case got a little complicated for random reasons, and they went beyond their initial scope to pursue the case on my behalf. I really appreciate their work.