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Chemical Test Refusals / Administrative Hearings

During the course of a traffic stop on a suspected DWI or driving while ability impaired by alcohol and or drugs, the police officer will request that you take a chemical test of your breath, blood or urine. The chemical test of your breath is commonly known as a “Breathalyzer.”

If You Refuse A Chemical Test Of Your Breath, Blood Or Urine

If you refuse to take the chemical test of your breath, in addition to being charged with a DWI you will be charged separately with a “Refusal.” A refusal is not a criminal charge, but a violation that is determined at an administrative license hearing before a judge at the Department of Motor Vehicles. If you are found to have refused a chemical test, there is an automatic one year revocation of your driver’s license. With commercial operators such as truck drivers and taxi cab drivers, refusals are even more of a problem—they can lead to loss of employment and a permanent loss of a commercial driver’s license if there is more than one refusal on your record.

A Refusal Hearing Is Held At The D.M.V. Within 10 Days Of Arrest

The “Refusal Hearing” will be held within 10 days of the arrest for DWI. At this hearing, you have the opportunity to give testimony as to the circumstances of the alleged refusal. Even more importantly, we are provided with a very early opportunity to cross examine the arresting officer as to his or her basis for determining that the chemical test was refused, and we can quickly discover the strengths or weaknesses of the District Attorney’s case on issues such as probable cause of the arrest, Field Sobriety Tests, and the experience of the arresting officer, among others.

We Fight Each Aspect Of The Administrative And Criminal Charges Against You

At the White Plains, New York Law Office Of Mark A Siesel, we will analyze each aspect of the charges against you, both the DWI charges in the local Court as well as the Refusal charges in the Department of Motor Vehicles. We have the experience, background and skill to fight all charges against you, whether it be an Aggravated DWI (driving with a blood alcohol content of .18 of more); DWI, Driving while ability impaired, or DWAID (Driving while ability impaired by drugs or a combination of drugs and alcohol, and the administrative charge on the chemical test refusal. Our office will quickly and expeditiously resolve all matters involved in your case, to obtain the best possible outcome, and do everything possible to minimize the impact on your driver’s license, employment, and insurance rates, whether by plea bargain or trial.

Contact Us

To obtain additional information about Refusal charges, Administrative License Hearings (Refusal Hearings), or any criminal charges such as Aggravated DWI, Driving While Intoxicated, or Driving While Ability Impaired, (DWAI), please contact us.

Client Reviews

Mark Siesel made taking care of my traffic case easy, and delivered with results. Mark was professional, prompt with return calls or emails, and very efficient. He followed up on the day of my case, and took care of everything as promised. I would recommend Mark highly to my friends or colleagues in...


Recently, I had a legal situation that required the assistance from an attorney. Well, not living in the State of New York I had to do some research regarding qualified attorneys in New York. I found Mark Siesel. I'm happy to write that Mr. Siesel came through with "flying colors." Mark made sure my...


I was in a horrific train accident. After my first phone conversation with Mark, I knew that I made the right decision. He was compassionate, knowledgeable, and extremely accommodating. He was with me every step of the way and he was very informative. His advice and counsel comes from many years of...

A.M. (Former Client)

Great representation and very passionate and dedicated staff. I would highly reccommend this law firm to anyone in need of competent and knowledgable attorney work throughout Westchester County. Mr Siesel is a true professional and his staff is amazing and very helpful. Dont hesitate to call!!

M. Jackson

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