DMV Refusal Hearings


DMV Refusal HearingsThe White Plains, NY DWI Attorneys at Gallivan & Gallivan 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 Gallivan & Gallivan 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 Gallivan & Gallivan 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 Gallivan & Gallivan 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 Central Valley.

Office Phone Numbers