Buffalo DWI Attorney Discusses DMV Refusal Hearing’s
As an experienced Buffalo DWI Attorney I am constantly asked about DMV refusal hearings. When you’re charged with a DWI in Buffalo and you present yourself to the arraigning court and the judge learns that you refused to submit to a chemical test when asked to by law enforcement, you will then be scheduled for a DMV refusal hearing in front of an administrative law judge downtown. That typically is scheduled within 15 days of the time that you were arraigned. Once you’re there, you’ll be asked to go into a room, similar to a classroom, where the judge swears you in, as the defendant, and swears in the police officer who is required to appear, to give testimony.
It’s important to contact an attorney as soon as possible, upon learning of the date because a seasoned attorney will prepare, look at your paperwork, and potentially talk to witnesses. Now, if you go into this hearing and the officer is able to prove three things: one, you were stopped for potentially driving under the influence of alcohol, you were asked to submit to a chemical test, and the third thing is that you refused. If he can prove all three of those things, you’re going to get your license revoked 99% of the time, unless there’s some other extenuating circumstances that an attorney can help you with.
Did you refuse to take field sobriety tests when you got pulled over? If so, contact the experienced Buffalo DWI Attorney John Dudziak