Manhattan DWI attorney Russ Kofman (https://www.lebedinkofman.com/can-refusing-dui-test-affect-your-license/) explains the certain programs that a person convicted of a DWI offense may join to get their license back. The lawyer mentions that there is a whole subsection about refusals under the New York DWI law. If a person refuses the breath or blood test, they will need to have a DMV hearing within 12 days of their refusal and arraignment.
According to the Manhattan DWI attorney, “Your license will be suspended at the arraignment, but you may be able to get it back when you go to this hearing if the police officer does not show up. You are then free to drive, and you will have your full driving privileges back until the second hearing. The police officer will usually not show up at the first hearing, which is why you should definitely attend and be represented by an attorney so that you can get your full driving privileges back.”
The lawyer explains that the other issue will be the court. A person will get a one-year license revocation and would have to pay to get their license back if they lose at the hearing or if they do not attend. After the license revocation, if a person pleads guilty, they will get the DDP or “Drinking Driver Program” under the terms of their plea.
Attorney Russ Kofman adds that a person may be able to receive a conditional driver’s license even if they lose the hearing if they take the DDP. If they don’t attend the DDP, a conditional driver’s license will be impossible.
In the article, attorney Kofman says, “These hearings are very important and are basically for the purpose of establishing that four elements have been met, namely that there was reasonable cause to pull you over, that there was probable cause to believe you were under the influence of alcohol, that the officer properly read you the refusal warnings which they would generally read off a card, and that you unequivocally denied taking this test.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of DWI. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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