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The question is often posed, can I refuse a breath test in Staten Island if a cop pulls me over for a DWI. The answer is yes! However, if you do, you will face a refusal hearing at DMV. At the hearing, the judge will determine if your license should be suspended for 1 year because you refused a breathalyzer test. In order to do this, the judge relies on the police officer's report, his testimony and your testimony. The judge will ask you questions that he deems relevant and will expect you to answer. Specific legal criteria must be met before the judge can suspend your license. If you are found to have violated New York law, your license will be suspended immediately and it will be suspended for one year.

The hearing are recorded and an appeal is possible if the judge makes a mistake. However, most appeals are denied by the courts. That is why it is imperative to have an experienced attorney with you to present he best case possible to the judge and save your license. The Law Office of Michael S. Discioarro, LLC has conducted over 80 hearings and understand how the law works. If you are facing a New York refusal hearing, contact us at 917-519-8417.