DMV Refusal Hearings

Westchester (NY) Aggressive DWI Attorneys

DMV Refusal Hearings The White Plains, NY DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide comprehensive, effective representation to all clients charged with Driving While Intoxicated (DWI) in the New York area. We not only represent our clients at their court appearances, we counsel them regarding ALL potential consequences.

New York DMV Refusal Hearings

If a client refuses to submit to a chemical test (usually the breathalyzer), a New York State Department of Motor Vehicles Refusal Hearing will be scheduled after arraignment. This hearing is part of an administrative process separate and apart from the pending criminal charge. The NY DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC appear with their DWI clients at these hearings in order to protect their interests and challenge the testimony of the arresting officer.

Issues to be Resolved at the New York State DWI DMV Refusal Hearing

Only four issues are at issue at a New York State Department of Motor Vehicles Refusal Hearing:

  • 1) Did the police officer have reasonable grounds to believe that the driver was operating a vehicle in violation of any subdivision of the DWI statute;
  • 2) Did the police officer make a lawful arrest;
  • 3) Was the driver given sufficient warning, in clear and unequivocal language prior to refusing that his/her license would be suspended and ultimately revoked if he or she refused; and
  • 4) Did driver refuse to a chemical test.

The four issues above may not seem to place such a high burden on the police officer. However, the attorneys at the Law Offices of Thomas L. Gallivan, PLLC have successfully challenged the testimony of officers at these hearings, and thereby spared clients from suffering the immediate revocation of their driver's license. Inaddition, it is important for client to know and understand the difference between a breath test (Alco-Sensor) and a chemical test (breathalyzer).

Contact Us

If you have been charged with Driving While Intoxicated (DWI), Aggravated Driving While Intoxicated (ADWI), or Driving While Ability Impaired (DWAI), please contact the New York DWI Attorneys at the Law Offices of Thomas L. Gallivan, PLLC for a free consultation.

We will take the time to explain the process, as well as the potential consequences of the case. We are available to meet at any of our three conveniently located offices in White Plains, Manhattan or Uniondale.

Client Reviews
Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. Melanie
My mom was the victim of nursing home neglect/abuse. I retained Tom and he provided great representation in a professional, courteous fashion. He made a very uncomfortable ordeal bearable. I would highly recommend his services to anyone in need of sound guidance and professional representation. Paul D.
Tom Gallivan fought for - and won - a settlement on behalf of my mother, who suffered terrible pressure sores due to nursing home neglect. I will always be grateful for his diligence and hard work, and for keeping me informed during the entire process. He will fight for you every step of the way. Trudy
Mr. Gallivan did an exceptional job representing our family during a nursing home law suit. He took care of every detail and put us at ease during a very emotional trial. I would very highly recommend him and his firm of outstanding professionals. Jane
Mr. Gallivan was the best choice I could have possibly made to represent me in mom's nursing home neglect case. He kept me informed & updated every step of the way & not only listened but acted on all my concerns. I would highly recommend him as a very professional, diligent, & knowledgeable attorney. Steve
Tom Gallivan represented me for a car accident I was involved in. He not only returned calls and emails promptly, his expertise helped me obtain a nice settlement. His compassion for me was heart-warming and much appreciated. Thank you kindly , Mr. Gallivan. Joanne