Blog

Can a Refusal Hearing Be Postponed in New York?

If you have refused to take a Breathalyzer test in New York, you will be required to go to a refusal hearing in front of an Administrative Law Judge. These hearings are automatic. It does not matter if you have been formally charged or convicted of a DWI. Simply refusing to take the chemical test will trigger a refusal hearing with the Department of Motor Vehicles to determine if your license will be revoked.

When and Where Will Refusal Hearings Be Held?

Normally, refusal hearings are scheduled within two weeks of your DWI arrest in New York and you will be required to attend. Every driver charged with a refusal to take a Breathalyzer test when requested by a police officer has the right to an attorney. You should make sure to prepare with your attorney ahead of the hearing. The hearing will be held in front of Hearing Officers, also known as Administrative Law Judges.

Refusal hearings are held in the local Department of Motor Vehicles (DMV) office. In Nassau County, the biggest DMV office is in Massapequa at 927 Carmans Road. You will be told which DMV office your hearing will be located. It will usually be determined according to where your arrest took place.

Postponing Your Hearing

Usually, it is best to try to attend your hearing when it is originally scheduled. However, if you have a good reason to adjourn (or postpone) the hearing, you can apply to have it rescheduled. To attempt to be given an adjournment, you must contact the Hearing Officer responsible for your particular hearing, or contact the New York Safety Hearing Bureau or the Division of Vehicle Safety.

There are three requirements that must be met in order for your postponement request to be approved:

  • The DMV must receive your request at least 7 days before the original hearing is scheduled.
  • You have not asked for a postponement before.
  • Your request has a good cause.

A request to adjourn the refusal hearing for a later date is completely discretionary. That means that postponement is not guaranteed. However, if your reason is real and urgent, requests may be approved.

If your postponement is approved, another hearing will be scheduled. This date cannot be changed. Approving your adjournment does not lift the suspension of your license. The suspension pending the results of the refusal hearing continues until an Administrative Law Judge hears your case. Additionally, any added suspension time will not be credited towards any revocation period ultimately imposed by the DMV for the chemical test refusal because you requested the delay.

Get the Support You Need at Your Hearing

Although you can attend these hearings alone if you prefer, it is very helpful to have an attorney to present your case. There are only very limited ways to avoid having your license revoked after refusing a chemical blood alcohol test in New York. Only an experienced DWI lawyer will know how to fight for your case in a way that gives you the best possible chance to keep your license.

Contact Us

If you refused a Breathalyzer test in Nassau County and risk having your license revoked, contact me, Jason Steinberger, at 718-585-2833 to discuss your options. I have years of experience as a DWI lawyer and will fight for the best outcome to your case. Contact me anytime for a consultation on your case, free of charge.

About the Author

Leave a Reply