- Law Office of Rochelle S. Berliner
- Criminal Defense
- Driving While Intoxicated (DWI)
- License Revocation Hearings
License Revocation Hearings
If you were pulled over and arrested for driving while intoxicated (DWI) throughout Queens, New York, and your license was suspended or revoked due to refusal to take a blood, breath or urine test, it is important to know you are entitled to a hearing in the state of New York to challenge the license suspension.
The administrative license suspension is generally considered a civil penalty and is not a criminal punishment for committing DWI. Even if you are not subsequently charged with or convicted of a DWI in New York, you can still receive an administrative license revocation or suspension, which is distinct from any criminal proceedings or penalties that may later arise from DWI charges.
Therefore, it is essential to contact an experienced DWI defense lawyer in Queens who will you help you create the best legal strategy for your particular license revocation or suspension and help you have your driving privileges reinstated.
Queens License Revocation Hearing Lawyer
Contact the Law Office of Rochelle S. Berliner if your license has been suspended or revoked for failure to submit to a driving while intoxicated test and you want to request a hearing throughout all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx.
Rochelle S. Berliner is an experienced New York DWI defense attorney, and will make every effort to have your license reinstated. Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation today about your driver’s license revocation hearing.
Administrative License Suspensions in New York
Anyone in New York who operates a motor vehicle in the state has impliedly given their consent to chemical testing of their breath, blood, urine or saliva to determine the content of alcohol or drugs in their system under section 1194 of the New York Vehicle and Traffic Laws. An individual who is arrested on suspicion of driving while intoxicated (DWI), aggravated DWI, lerance DWI or driving while ability impaired in New York may be subject to an administrative license suspension if they refuse to submit to a chemical test for blood alcohol content (BAC) after they are arrested or after a breath test shows there is alcohol in the alleged offender’s system.
The periods of suspension for refusal to submit to testing are:
- One year revocation for a first offense;
- 18 month revocation for a second or subsequent offense within five years;
- Life revocation for five offenses;
- Life revocation for, within 25 years, three offenses plus one serious driving offense;
- One year revocation for a driver under the age of 21;
- At least one year or until reaching the age of 21 for a second refusal by a driver under the age of 21 within five years; and/or
- 18 months for a commercial driver.
Any individual who has received an administrative license suspension may also be subject to a civil penalty or fine of at least $500, depending on the number of previous refusals, whether the alleged offender is under the age of 21, and whether the offender is a commercial driver.
Queens Administrative License Hearing Process
According to New York Vehicle and Traffic Law § 1194(c), an individual who has received a license suspension for refusal to submit to testing is entitled to a hearing within 15 days after the alleged offender’s arraignment. If the alleged offender does not appear for the hearing, it will be deemed as a waiver to have the hearing.
The issues at a hearing are limited to:
- Whether the arresting officer had reasonable grounds to believe the alleged offender was driving while intoxicated;
- Whether the law enforcement officer made a lawful arrest;
- Whether the alleged offender was given a sufficient warning that their driving privileges would be suspended or revoked if they refused a chemical test; and
- Whether the alleged offender refused the chemical test.
Effect of the Administrative Hearing in Queens
If the hearing officer finds any of issues were not correct or did not happen, the driver’s license will immediately be reinstated. If all of the issues were correct and did happen by a preponderance of the evidence standard, the alleged offender’s driving privileges will remain suspended or revoked. A preponderance of the evidence means it more likely occurred than it did not, or by 51% to 49%. This is a much lower standard than the typical "beyond a reasonable doubt" burden of proof.
If the driving privileges remain suspended, the alleged offender may appeal the hearing officer’s decision. Additionally, your license revocation attorney may be able to help you apply for a provisional or temporary limited driving permit.
New York State’s Drinking Driver Program
If your license is suspended or revoked for refusal to submit to chemical testing, and you are unable to have it reinstated at the administrative license revocation hearing, you may be eligible for a conditional license or a conditional driving privilege. The conditional license permits eligible drivers to drive within certain limitations. However, the conditional driving privilege is not available for commercial drivers.
In order to receive conditional driving privileges, the driver is required to participate in the Drinking Driver Program (DDP). The program requires participants to enroll and pay the program fees. The program involves classroom education, screening, evaluation and treatment, and aims to help participants learn appropriate driving choices in the future.
Upon completion of the program, participants will receive a Notice of Completion and will be eligible to have their driving privileges restored for limited purposes.
Law Office of Rochelle S. Berliner | Queens Drivers License Suspension Attorney
If your license has been revoked due to refusal to submit to alcohol testing for a DWI offense in New York City, including Queens, Brooklyn, the Bronx and Manhattan, contactg the Law Office of Rochelle S. Berliner as soon as possible.
Rochelle S. Berliner is a knowledgeable Queens criminal defense attorney who is dedicated to fighting the allegations against you and helping you reinstate your license. Call the Law Office of Rochelle S. Berliner at 718-261-5600 or submit an online form today for a consultation today about your driver’s license revocation hearing.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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