Mineola DWI Attorney

• Potential jail sentences
• Hefty fines
• The loss of their driver's license

As a result of more stringent guidelines regarding pleas and sentences, the first-time offender can easily find themselves facing a permanent criminal conviction, installation of ignition interlock devices in their cars, probation or even jail. Repeat offenders and those with aggravated circumstances, such as an injury or death, will face even more severe consequences, such as prison sentences, victim restitution, and license revocations for extended time periods.

New York courts take drunk and drug-impaired driving very seriously; prosecutors are anxious to apply the full extent of the law to those who drive with a blood alcohol level over the legal limit or who drive while impaired. That is why it is vital that you seek experienced legal representation.

Not any legal representation will do, however. Because of the complexities of DWI defense, which combines technical and scientific expertise with legal knowledge, you should confer with an attorney who focuses specifically on this legal field. You will want a legal professional who routinely handles DWI / DWAI cases in your local area courts, who stays up to date with changing DWI laws, and who has the requisite additional training to provide you with the most effective defense. Our firm fulfills all of these requirements.

Consequences of Refusing A Breath Test

If you refuse to take the test, at your arraignment, your license or privilege to drive in the State of New York will be immediately suspended by the court. If you refuse the breath test, you are not eligible for any type of hardship license or conditional license, regardless of the reason you need the license.

The court will advise you of a hearing date within 15 days to appear at the Department of Motor Vehicles. If you fail to appear at the DMV on that date, it will be considered a waiver of your right to a hearing and your license will be immediately revoked for one year. At Grizopoulos & Portz, P.C. we believe that this hearing is THE SINGLE MOST IMPORTANT PHASE IN THE DEFENSE OF YOUR DWI CASE.

If you attend the hearing it is important that your attorney appear with you so that he may cross-examine the police officer that arrested you. Often times, the District Attorney has not had time to speak to and prepare the officer before the hearing. Therefore, he will be more likely to make a mistake, which will ultimately help your DWI defense.

At the DMV hearing the judge will limit the testimony to the following issues:

• Did the police officer have reasonable cause to believe the driver was operating the motor vehicle while in violation of any subdivision of Vehicle and Traffic Law Section 1192?
• Was the arrest of the driver lawful?
• Was the driver advised of the consequences of refusing a chemical test of his breath, blood or urine in clear and unequivocal language prior to his refusal or any portion thereof such that their refusal would result in the immediate and subsequent revocation of their license or privilege to operate a motor vehicle in the State of NY whether or not they are found guilty of the charges for which they have been arrested?
• Did the driver refuse to submit to the chemical test?

The hearing is presided over by an Administrative Law Judge. If all of the issues are established, the driver’s license will be revoked. If one or more are not established, the judge will reinstate the license. The revocation is effective for 1 YEAR and the driver will be assessed a $750 civil penalty.

If your license is revoked at the DMV hearing, speak to an attorney at Grizopoulos & Portz, P.C. immediately. We may be able to appeal the decision and restore your driving privileges.